Sec. 81. 1. Law
repealed by this act exclusively governs a suit, action, prosecution or
proceeding that is pending on the effective date of this act or may be
initiated on the basis of facts or circumstances occurring before the effective
date of this act, but a civil action or proceeding may not be maintained to
enforce any liability under a provision repealed by this act unless brought
within the earlier of the period of limitation that applied when the claim for
relief accrued or 2 years after the effective date of this act.

2. All effective registrations under law
repealed by this act, all administrative orders relating to those
registrations, and all conditions imposed upon those registrations remain in
effect for as long as they would have remained in effect if this act had not
been enacted. They are considered to have been filed, issued or imposed under
this act, but are governed by the law repealed by this act.

3. A law repealed by this act applies to
an offer to sell or sale made within 1 year after the effective date of this
act pursuant to an offering begun in good faith before the effective date of
this act on the basis of an exemption available under the repealed law.

4. Judicial review of all administrative
orders as to which proceedings for review have not been instituted before the
effective date of this act are governed by chapter 233B of NRS but such a
proceeding may not be instituted unless the petition for review is filed within
the earlier of the period of limitation that applied to such a proceeding when
the order was entered or 60 days after the effective date of this act.

Sec. 82. 1. This
section and sections 1 to 78, inclusive, and section 81 of this act become
effective on January 1, 1988.

2. Sections 79 and 80 of this act become
effective at 12:01 a.m. on January 1, 1988.

AN ACT relating to taxes on retail sales;
providing for a progressive exemption from certain taxes for ophthalmic and
ocular devices and appliances prescribed by a physician or optometrist; and
providing other matters properly relating thereto.

(a) Every seller who makes any retail sale or
sales of tangible personal property, and every person engaged in the business
of making retail sales at auction of tangible personal property owned by the
person or others.

(b) Every person engaged in the business of
making sales for storage, use or other consumption or in the business of making
sales at auction of tangible personal property owned by the person or others
for storage, use or other consumption.

(c) Every person making any retail sale of a
vehicle or more than two retail sales of other tangible personal property
during any 12-month period, including sales made in the capacity of assignee
for the benefit of creditors, or receiver or trustee in bankruptcy.

2. When the department determines that it
is necessary for the efficient administration of this chapter to regard any
salesmen, representatives, peddlers or canvassers as the agents of the dealers,
distributors, supervisors or employers under whom they operate or from whom
they obtain the tangible personal property sold by them, irrespective of whether
they are making sales on their own behalf or on behalf of such dealers,
distributors, supervisors or employers, the department may so regard them and
may regard the dealers, distributors, supervisors or employers as retailers for
purposes of this chapter.

[3. A
licensed optometrist or physician is a consumer of, and shall not be
considered, a retailer within the provisions of this chapter, with respect to
the ophthalmic materials used or furnished by him in the performance of his
professional services in the diagnosis, treatment or correction of conditions
of the human eye, including the adaptation of lenses or frames for the aid
thereof.]

Sec. 2. NRS 374.287 is
hereby amended to read as follows:

374.287 1. There are
exempted from the taxes imposed by this chapter the gross receipts from sales
and the storage, use or other consumption of:

(a) Prosthetic devices for human use.

(b) Appliances and supplies relating to an
ostomy.

(c) Products for hemodialysis.

(d) Any ophthalmic or
ocular device or appliance prescribed by a physician or optometrist.

(e) Medicines:

(1) Prescribed for the treatment of a
human being by a person authorized to prescribe medicines, and dispensed on a
prescription filled by a registered pharmacist in accordance with law;

(2) Furnished by a licensed physician,
dentist or podiatrist to his own patient for the treatment of the patient;

(3) Furnished by a hospital for treatment
of any person pursuant to the order of a licensed physician, dentist or
podiatrist; or

(4) Sold to a licensed physician,
dentist, podiatrist or hospital for the treatment of a human being.

2. Medicine means any substance or
preparation intended for use by external or internal application to the human
body in the diagnosis, cure, mitigation, treatment or
prevention of disease or affliction of the human body and which is commonly
recognized as a substance or preparation intended for such use.

(c) Any alcoholic beverage, except where the
alcohol merely provides a solution in the ordinary preparation of a medicine as
defined by subsection 2.

4. Insulin furnished by a registered
pharmacist to a person for treatment of diabetes as directed by a physician
shall be deemed to be dispensed on a prescription within the meaning of this
section.

Sec. 3. Chapter 377 of NRS
is hereby amended by adding thereto the provisions set forth as sections 4 and
5 of this act.

Sec. 4. The gross receipts from the sales and the storage, use or
other consumption of any ophthalmic or ocular device or appliance prescribed by
a physician or optometrist are exempt from the basic city-county relief tax.

Sec. 5. The gross receipts from the sales and the storage, use or
other consumption of any ophthalmic or ocular device or appliance prescribed by
a physician or optometrist are exempt from the tax imposed pursuant to this
chapter.

Sec. 6. Chapter 377A of NRS is
hereby amended by adding thereto a new section to read as follows:

The gross receipts from the
sales and the storage, use or other consumption of any ophthalmic or ocular
device or appliance prescribed by a physician or optometrist are exempt from
any tax imposed pursuant to this chapter.

Sec. 7. Chapter 543 of NRS is
hereby amended by adding thereto a new section to read as follows:

The gross receipts from the
sales and the storage, use or other consumption of any ophthalmic or ocular
device or appliance prescribed by a physician or optometrist are exempt from
any tax imposed pursuant to subsection 3 of NRS 543.600.

Sec. 8. 1. This
section and sections 6 and 7 of this act become effective on July 1, 1987.

2. Sections 3 and 4 of this act become
effective on July 1, 1988.

3. Section 4 of this act expires by
limitation on July 1, 1989.

4. Section 5 of this act becomes
effective on July 1, 1989.

5. Sections 5, 6 and 7 of this act expire
by limitation on July 1, 1990.

AN ACT relating to service stations;
imposing certain restrictions on who may operate a service station; prohibiting
discrimination between holders of franchises in the same marketing area; and
providing other matters properly relating thereto.

[Approved June 26, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 598 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 15,
inclusive, of this act.

Sec. 2. Affiliate
means any person who controls, is controlled by or is under common control with
any other person.

Sec. 3. Control
means the direct or indirect ownership of, or right to exercise a directing
influence over, more than 50 percent of the beneficial interest in any other
person.

Sec. 4. Franchise
or franchise agreement means a written or oral agreement between a refiner
and a retailer under which the retailer is granted the right:

1. To use a
trade-mark, trade name, service mark or other identifying symbol or name owned
by the refiner; or

2. To occupy
premises owned, leased or controlled by the refiner, for the purpose of
engaging in the retail sale of motor vehicle fuel.

Sec. 5. Marketing
area means an area of not more than 5 miles in any direction from a service
station selling the products of a refiner pursuant to a franchise.

Sec. 6. Motor
vehicle fuel has the meaning ascribed to it in NRS 365.060, except that it
includes diesel fuel.

Sec. 7. Price
means the net purchase price after any adjustment for a commission, fee, rebate
or discount, or for the furnishing of services or facilities.

Sec. 8. Refiner
means any person, including an affiliate, who:

1. Produced quantities
of crude oil equal to more than 30 percent of the domestic and imported crude
oil supplied to his refinery during the most recent calendar year for which
information is available;

2. Refines motor
vehicle fuel from crude oil; and

3. Has a total
refinery capacity of more than 175,000 barrels a day.

Sec. 9. Refinery
means a manufacturing facility at which motor vehicle fuel is produced from
crude oil.

2. Person who
operates a service station pursuant to a franchise agreement with a refiner or
wholesale purchaser.

Sec. 11. Service
station means an establishment where motor vehicle fuel is sold to the general
public.

Sec. 12. Wholesale
purchaser means any person who purchases motor vehicle fuel or other petroleum
products from a refiner or other wholesaler for distribution to service
stations or to individual or business consumers.

Sec. 13. 1. On
or after July 1, 1987, except as provided in subsection 3, a refiner shall not
commence the:

(a) Direct operation of a
service station, with his own employees or through a subsidiary or commissioned
agent or a person on the basis of a fee; or

(b) Sale of motor vehicle
fuel at a service station.

2. On or after
July 1, 1988, except as provided in subsection 3, a refiner shall not engage in
the direct operation of more than 15 service stations in this state, with his
own employees or through a subsidiary or commissioned agent or a person on the
basis of a fee.

3. A refiner may
operate a service station for not more than 90 days if the:

(a) Retailer voluntarily
terminates or agrees not to renew the franchise; or

(b) Franchise is
terminated by the refiner pursuant to NRS 598.650 to 598.680, inclusive, and
sections 2 to 15, inclusive, of this act.

Sec. 14. During
the temporary operation of a service station by a refiner, the refiner may sell
motor vehicle fuel to other retailers in the marketing area of that service
station at a price not less than 4 cents below the retail price of fuel at the
service station he is operating.

Sec. 15. A
refiner shall not, directly or indirectly or through any officer, agent or
employee:

1. Fail to act in
good faith in performing or complying with any term or provision of, or
collateral to, a franchise or a contract with a wholesale purchaser.

2. Use undue
influence to induce a retailer to surrender any right given to the retailer by
any provision contained in the franchise.

Sec. 16. NRS 598.650 is
hereby amended to read as follows:

598.650 As used in NRS 598.650 to 598.680,
inclusive, and sections 2 to 13, inclusive, of this act,
unless the context requires otherwise [:

1. Franchise or
franchise agreement means a written agreement between a supplier and a
service station operator under which the service station operator is granted
the right:

(a) To use a trade-mark,
trade name, service mark or other identifying symbol or name owned by the
supplier; or

(b) To occupy premises
owned, leased or controlled by the supplier, for the purpose of engaging in the
retail sale of petroleum products of the supplier.

2. Service
station means an establishment where service may be obtained for motor
vehicles and which sells oil, gasoline and other petroleum products.

3. Supplier
means any person, partnership, corporation or other form of business enterprise
which refines, manufactures, compounds or otherwise produces petroleum products
and sells or distributes them to service stations.

4. Wholesale
purchaser means any person, partnership, corporation or other form of business
enterprise which purchases petroleum products from a supplier and distributes
them to service stations or to individual or business consumers.], the words and terms defined in sections 2 to 12,
inclusive, of this act, have the meanings ascribed to them in those sections.

1. Prohibit, directly or indirectly, the
right of free association among [service station
operators]retailers or wholesale
purchasers for any lawful purpose.

2. [Fail to
act in good faith in performing or complying with any term or provision of, or
collateral to, a franchise or a contract with a wholesale purchaser.

3. Terminate or
cancel a franchise or contract with a wholesale purchaser without good cause.

4. Use undue
influence to induce a service station operator to surrender any right given to
the service station operator by any provision contained in the franchise.

5. Cancel,
terminate, fail to renew or threaten the cancellation, termination or
nonrenewal of any franchise because of the service station operators failure
to purchase merchandise or products sold by the supplier where the requirement that
the service station operator sell exclusively the merchandise or products of
the supplier would be a violation of any law, rule or regulation of this state
or of the United States.

6.] Change
or modify any restrictions upon [nonpetroleum
related] business activities of [the
service station operator]a retailer during
the term of the franchise [.

7.]that are not related to the sale of motor vehicle fuel or
other petroleum products.

3. Unreasonably
reduce, limit or curtail the supply of [gasoline]motor vehicle fuel or other petroleum products to
any [service station operator]retailer or wholesale purchaser.

[8. Cancel
or terminate a franchise solely to secure for its own account a successful or
profitable service station.

9.]4. Place unreasonable restrictions upon [nonpetroleum related] business
activities of [the service station operator]a retailer that are not related to the sale of motor
vehicle fuel or other petroleum products or upon any business activities
of a wholesale purchaser.

[10. Enter
into any franchise agreement with a service station operator which is not in
writing and signed by all parties to such agreement, or their agents.]

Sec. 18. NRS 598.660 is
hereby amended to read as follows:

598.660 1. [No supplier may]A
refiner shall not fail to renew the franchise of any [service station operator]retailer without fairly compensating [such operator]the
retailer at a fair going business value for his capital investment if:

(a) The capital investment was entered into with
reasonable and prudent business judgment for the purpose of fulfilling the
franchise; and

(b) The cancellation or failure to renew was not
done in good faith.

2. For the purposes of this section,
capital investment includes, but is not limited to, tools, equipment and any inventory of parts [inventory]
possessed by the [dealer]retailer on the day of notification of cancellation or
nonrenewal and which are still [within possession
of the service station operator]in the
retailers possession on the day the cancellation
or nonrenewal is effective.

Sec. 19. NRS 598.665 is
hereby amended to read as follows:

598.665 1. Except as
otherwise provided in subsection 2 or 3, [no
supplier,]a refiner shall not, directly
or indirectly, or through an officer, agent or employee [may]
terminate, cancel or fail to renew a franchise or a contract with a wholesale
purchaser without first giving to the [service
station operator]retailer or
wholesale purchaser written notice as follows:

(a) In case of cancellation or termination,
specifying all matters of claimed noncompliance with the agreement and allowing
the other party at least 30 days to comply with the terms of the agreement. If
the other party does not comply, the cancellation or termination
[shall be effective]is effective on the date set forth in the notice.

(b) At least 30 days [in
advance of]before the expiration
of a term of an agreement, specifying:

(1) All the reasons for any intention of
the [supplier]refiner not to renew; or

(2) Any change in price, rent, terms or
conditions to which renewal of the agreement is subject.

2. [Where]If the alleged ground is voluntary abandonment by
the [service station operator]retailer of the franchise , [relationship,] or by the wholesale
purchaser of his contract, [such]the written notice may be given 3 days [in advance of such]before the termination or cancellation.

3. [Where]If the alleged ground is the conviction of the [service station operator]retailer of a crime punishable as a felony and related
to the business conducted pursuant to the franchise, termination, cancellation
or failure to renew may be effective immediately.

Sec. 20. NRS 598.670 is
hereby amended to read as follows:

598.670 The failure of a [supplier]refiner
to serve notice upon [the service station
operator]a retailer or wholesale purchaser
as required in NRS 598.665 constitutes a grant of the option by the [supplier]refiner
to the [operator] retailer or wholesale purchaser
to renew the franchise or contract for a period of 1 year under the same price,
rent, terms and conditions [of] as the expiring agreement.

[operator]retailer or wholesale purchaser to renew the franchise
or contract for a period of 1 year under the same price, rent, terms and
conditions [of]as the expiring agreement. [Such]The option expires 45 days [from]after the
date when notice should have been served, unless exercised by written notice to
the [supplier.]refiner.

Sec. 21. NRS 598.675 is
hereby amended to read as follows:

598.675 All notices required of [suppliers]refiners
under NRS 598.665 or 598.670 [shall]must be given in writing by certified mail,
return receipt requested, to [the]:

1. The address
indicated in the agreement or as subsequently changed by the party in writing [or if]; or

2. If no
address was designated, [to] the
partys place of business.

Sec. 22. NRS 598.680 is
hereby amended to read as follows:

598.680 1. A [service station operator,]retailer, wholesale purchaser or [supplier]refiner
may bring an action against the other party for violation of their
respective agreements and may:

2. The remedies provided in this section
are independent of and supplemental to any other remedy available to the [service station operator,]retailer, wholesale purchaser or [supplier]refiner
in law or equity.

3. In any action under this section the
prevailing party is entitled to recover from the losing party all costs
incurred, including reasonable [attorney]attorneys fees.

________

CHAPTER 797, AB 657

Assembly Bill No.
657Committee on Transportation

CHAPTER 797

AN ACT relating to franchises for the sale
of motor vehicles; imposing certain duties on the manufacturer or distributor
and on the dealer upon the termination of or refusal to continue such a
franchise; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 482 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 and 3
of this act.

Sec. 2. 1. Upon the termination or refusal to continue a
franchise, the manufacturer or distributor shall compensate the dealer for:

(a) The dealers
inventory of new vehicles, including new vehicles not of the current model
year. As used in this paragraph, a new vehicle is one which has not been
damaged or materially altered and registers 50 miles or less on its odometer.

(1) Have been
purchased by the dealer from the manufacturer or distributor; and

(2) Are listed in
a current parts catalog of the manufacturer or distributor.

(c) Any special tools
purchased by the dealer from the manufacturer or distributor, less a reasonable
allowance for depreciation.

(d) Any equipment,
furnishings or signs purchased by the dealer from the manufacturer or
distributor, less a reasonable allowance for depreciation.

(e) Except as otherwise provided
in subsection 4, the fair rental value for 90 days after the effective date of
the termination or refusal to continue of the portion of the dealers place of
business that was used by the dealer to sell or service motor vehicles or other
products of the manufacturer or distributor.

2. Compensation
paid pursuant to paragraphs (a) to (d), inclusive, of subsection 1 must be paid
in an amount at least equal to the greater of:

(a) The amount actually
paid by the dealer for the vehicles, parts, tools and equipment; or

(b) The amount currently
paid by other dealers in this state for the vehicles, parts, tools and
equipment.

3. If compensation
is paid pursuant to paragraph (e) of subsection 1, the dealer shall allow the
manufacturer or distributor paying such compensation the use and possession of
the place of business.

4. The
manufacturer or distributor is not required to pay compensation pursuant to
paragraph (e) of subsection 1 if the dealer has been convicted of a crime
involving fraud in connection with his application for or operation of the
franchise.

5. This section
does not relieve a dealer of his obligation to mitigate damages resulting from
the termination or refusal to continue the franchise.

Sec. 3. Upon the termination or refusal to continue a franchise, the
dealer:

1. May not require
reimbursement by the manufacturer or distributor for any parts or services
furnished by the dealer, after the effective date of the termination or refusal
to continue, to customers pursuant to any warranties of the manufacturer or
distributor;

2. Shall deliver
to the manufacturer or distributor any invoices and money deposited by
customers for motor vehicles or other products of the manufacturer or
distributor that were not delivered to the customers before the effective date
of the termination or refusal to continue; and

3. Shall furnish
the manufacturer or distributor with copies of all of his records concerning
the servicing of any motor vehicle or other product of the manufacturer or
distributor. The manufacturer or distributor shall reimburse the dealer for the
reasonable cost of compiling and copying the records and delivering the copies.

482.36311 As used in NRS 482.36311 to
482.36425, inclusive, and sections 2 and 3 of this act, unless
the context otherwise requires, the words and terms defined in NRS 482.36319 to
482.36345, inclusive, have the meanings ascribed to them in those sections.

________

CHAPTER 798, SB 143

Senate Bill No.
143Committee on Government Affairs

CHAPTER 798

AN ACT relating to collective bargaining
by public employees; permitting a confidential employee to participate in a
plan to provide certain benefits administered by a bargaining unit from which
he is excluded; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 288.170 is
hereby amended to read as follows:

288.170 1. Each local
government employer which has recognized one or more employee organizations
shall determine, after consultation with the recognized organization or
organizations, which group or groups of its employees constitute an appropriate
unit or units for negotiating. The primary criterion for that determination
must be the community of interest among the employees concerned.

2. A
principal, assistant principal or other school administrator below the rank of
superintendent, associate superintendent or assistant superintendent shall not
be a member of the same bargaining unit with public school teachers unless the
school district employs fewer than five principals but may join with other
officials of the same specified ranks to negotiate as a separate bargaining
unit.

3. A [department] head of
a department of a local government, an administrative
employee or a supervisory employee shall not be a
member of the same bargaining unit as the employees under his direction. Any
dispute between the parties as to whether an employee is a supervisor must be
submitted to the board. [In all cases,
confidential]

4. Confidential employees
of the local government employer must be excluded from any bargaining unit [.]but are
entitled to participate in any plan to provide benefits for a group that is
administered by the bargaining unit of which they would otherwise be a member.

[2.]5. If an employee organization is
aggrieved by the determination of a bargaining
unit, it may appeal to the board. Subject to judicial review, the decision of
the board is binding upon the local government employer and employee
organizations involved. The board shall apply the same criterion as specified
in subsection 1.

[3.]6. As used in this section, confidential
employee means an employee who is [privy to]involved in the decisions of management affecting
[employee relations, including all employees of
the personnel department or its equivalent.]collective bargaining.

AN ACT relating to local governments;
authorizing a county or city to establish a program for the rehabilitation of
property in residential neighborhoods; authorizing loans under the program to
certain owners of real property in such neighborhoods; and providing other
matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 22 of NRS is
hereby amended by adding thereto a new chapter to consist of the provisions set
forth as sections 2 to 12, inclusive, of this act.

Sec. 2. The legislature
hereby finds and declares that:

1. There exists within the urban areas of
this state a large number of deteriorated, substandard and unsanitary
residential properties because of the inability of their owners, for whatever
reason, to pay for their repair and maintenance;

2. These properties are a threat not only
to the health, safety and well being of the persons who occupy them but also to
neighboring persons and property;

3. There is also a shortage of decent,
safe and affordable housing for persons of low or moderate income and the
counties and cities of this state have an obligation to encourage persons who
own residential property to maintain that property in a decent, safe and
sanitary condition; and

4. It is in the public interest to
encourage the preservation and maintenance of housing in this state for persons
of low or moderate income, in order to improve their living conditions and, in
doing so, to benefit the health, safety and welfare of the people of this
state.

Sec. 3. As used in this
chapter, unless the context otherwise requires:

1. Agency means an agency of a county
or city established or designated to administer a program.

2. Fund means a revolving fund for
loans for the rehabilitation of residential property.

4. Program means a program for the
rehabilitation of residential neighborhoods established by a governing body
pursuant to this chapter.

5. Rehabilitation includes structural
improvements, landscaping and any other measure to improve the appearance of
property or maintain property in a decent, safe and sanitary condition.

Sec. 4. 1. The
governing body of a county or city may adopt an ordinance establishing a
program for the rehabilitation of residential neighborhoods in that county or
city.

2. The ordinance must contain provisions:

(a) Establishing an agency, or designating an
existing agency, of the county or city to administer the program.

(b) Creating a revolving fund for loans for the
rehabilitation of residential property and designating the amount of the
original allocation of money by the governing body for the fund.

(c) Providing the criteria and procedures for
allocating additional money to the fund.

(d) Providing the maximum amount of a loan from
the fund and the period and rate of interest of each loan.

(e) Setting forth the criteria for determining
the eligibility of an applicant for a loan and of property for rehabilitation.

(f) Establishing such other requirements for
participation in the program as the governing body considers necessary.

Sec. 5. 1. An
applicant for a loan for the rehabilitation of residential property must, at
the time application is made:

(a) Be a resident of or an owner of residential
property in the city or an unincorporated area of the county, as the case may
be.

(b) Be a member of a household having a gross
income of less than 80 percent of the median gross income for households of the
same size within the same geographic area or rent residential property to such households.

(c) Own and reside on or rent for residential
purposes only the property for which the loan is sought.

(d) Have the financial resources to repay the
loan in accordance with the terms of the agreement.

(e) Have the ability to complete the rehabilitation
within a reasonable time and maintain the property in a decent, safe and
sanitary condition.

(f) Meet such other requirements as are imposed
by the governing body.

2. Any residential property for which a
loan for rehabilitation is sought must be:

(a) Entirely situated within the boundaries of
the city or within an unincorporated area of the county, as the case may be.

(b) Capable of rehabilitation within reasonable
limits.

(c) Subject to not more than two encumbrances.

Sec. 6. 1. Upon
receiving an application for a loan for the rehabilitation of residential
property, the agency shall:

(a) Inspect the property to determine if
rehabilitation of the property is feasible.

(b) Determine the amount of the loan that the
condition of the property justifies.

2. After inspection of the property, the
agency shall interview the applicant to determine if the applicant satisfies
the criteria for eligibility for a loan and, if he satisfies those criteria,
the amount, terms and conditions of the loan.

3. The agency shall recommend to the
governing body the amount of the loan, if any, and the terms and conditions of
the loan.

Sec. 7. If the governing
body approves the application for a loan, the loan must be:

1. Evidenced by a promissory note, the
principal amount of which must be equal to the amount of the loan, secured by a
mortgage on the property.

2. Made pursuant to an agreement between
the county or city and the person to whom the loan is made, identifying the
property, specifying the amount and period of, and rate of interest on, the
loan and providing that:

(a) The property must be rehabilitated for
decent, safe and sanitary residential use; and

(b) The rehabilitation must begin and be
completed within a period determined by the governing body.

Sec. 8. 1. A
person to whom a loan is made pursuant to this chapter shall:

(a) Maintain the property in a decent, safe and
sanitary condition; and

(b) Reside, or have a member of his family
reside, on the property.

2. If the person to whom a loan is made
is unable to repay in accordance with the established schedule, the governing
body may defer, upon good cause shown, repayment of the amount of the loan
until the sale of the rehabilitated property.

Sec. 9. 1. During
the rehabilitation of the property, the agency shall provide such advice and
technical assistance as may be reasonably requested.

2. The owner of the property shall permit
representatives of the agency, the governing body and, if state or federal
assistance is involved, the state or Federal Government, to have access to the
property during normal business hours to ensure compliance with this chapter
and with the provisions of the loan and agreement for rehabilitation.

3. If the agency discovers deficiencies
in the maintenance of the property during any inspection, it shall advise the
owner of the property in the proper methods of correcting those deficiencies.

Sec. 10. The governing body
shall deposit in the fund all money received in payment on a loan for the
rehabilitation of residential property and make that money available for future
loans.

Sec. 11. If at any time the
aggregate amount represented by pending applications from qualified applicants
for loans for the rehabilitation of residential property exceeds the amount
available in the fund, the governing body shall give preference to those
applicants who are members of households having a gross income that is 50
percent or less of the median gross income for households of the same size
within the same geographic area.

1. Contract directly with a contractor
for the rehabilitation of the property of a qualified applicant.

2. Establish a panel of contractors who
have agreed to provide continuing maintenance at a discount to property rehabilitated
pursuant to this chapter.

3. Use for the purposes of this chapter
any money made available to it for housing for persons having low or moderate
incomes under state or federal law, if permitted by the terms of the state or
federal law.

4. Accept gifts, grants, loans and
bequests of money for the purposes of this chapter.

________

CHAPTER 800, SB 310

Senate Bill No.
310Committee on Human Resources and Facilities

CHAPTER 800

AN ACT relating to emergency medical
services; making various changes relating to licensing and certification of
persons who provide emergency medical care; providing immunity from civil
liability for certain persons who provide or assist in the provision of
emergency medical care; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 450.480 is
hereby amended to read as follows:

450.480 Any hospital, rescue unit or
ambulance service which meets minimum requirements established by the state
board of health may utilize advanced emergency medical [technicians-ambulance,]technicians, as defined [by
NRS 450B.193,]in section 3 of this act, for
the rendering of emergency medical care to the sick or injured:

1. At the scene of an emergency and
during transport to a hospital;

2. While in a hospital emergency
department; and

3. Until responsibility for care is
assumed by the regular [hospital staff.]staff of the hospital.

Sec. 2.Chapter 450B of
NRS is hereby amended by adding thereto the provisions set forth as
sections 3 and 4 of this act.

Sec. 3. Advanced emergency medical technician means a person:

1. Trained in
advanced emergency medical care in a training program approved by the board;
and

2. Certified by
the state health officer as having satisfactorily completed the training
program.

Sec. 4. Emergency medical technician means a person:

1. Trained in
basic emergency medical care in a training program approved by the board; and

2. Certified by
the state health officer as having satisfactorily completed the training
program.

Sec. 5. NRS 450B.020 is
hereby amended to read as follows:

450B.020 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 450B.030 to
450B.110, inclusive, and sections 3 and 4 of this act, have
the meanings ascribed to them in those sections.

Sec. 6. NRS 450B.070 is
hereby amended to read as follows:

450B.070 Emergency medical technician
certificate means the certificate issued by the health division acknowledging
successful completion of an approved course for an emergency
medical technician [course approved by such
division.]at the level identified on the
certificate.

Sec. 7. NRS 450B.150 is
hereby amended to read as follows:

450B.150 1. [The]Except as
otherwise provided in subsection 2, the health division shall administer
and enforce the provisions of this chapter and the regulations, standards and
procedures of the board established under the provisions of this chapter.

2. [The]In a county whose population is 250,000 or more, the
county or district board of health shall:

(a) Adopt regulations,
standards and procedures for the administration of this chapter, subject to
review by the board; and

(b) Administer and
enforce the provisions of this chapter.

The county or district board of
health in such counties may perform all duties and exercise all powers of the
health division pursuant to this chapter.

3. Except as
otherwise provided in subsection 2, the health division and its
authorized agents shall enter upon and inspect, in a reasonable manner and
during reasonable business hours, the premises and vehicles of persons and
governmental entities providing services regulated under the provisions of this
chapter.

Sec. 8. NRS 450B.160 is
hereby amended to read as follows:

450B.160 1. The health
division may issue licenses to attendants and to firemen employed by or serving
as volunteers with a firefighting agency.

2. Each license must be evidenced by a
card issued to the holder of the license, is valid for a period not to exceed 2
years and is renewable.

3. An applicant for
a license must file with the health division:

(a) [For a
license:

(1) As an
attendant, a]A current, valid
certificate evidencing his successful completion of a program or course for
training in [advanced first aid:

(I) At a level of
skill determined by the board; or

(II) Equivalent to
the national standardized course for emergency medical technicians; or

(2) As a fireman
with a firefighting agency, a]emergency
medical technology, if he is applying for a license as an attendant, or, if a
volunteer attendant, at a level of skill determined by the board.

(b) A current
valid certificate evidencing his successful completion of a program for
training as an intermediate emergency medical technician or advanced emergency
medical [technician-ambulance.

(b)]technician if he is applying for a license as a fireman with a
firefighting agency.

(c) A signed
statement showing:

(1) His name and address;

(2) His employers name and address; and

(3) A description of his duties.

[(c)](d) Such other certificates for training and such
other items as the board may specify.

4. [An
applicant for a license as an attendant who is not a volunteer must file with
the health division, in addition to the items specified in subsection 3, a
current, valid certificate designating him as an emergency medical technician,
intermediate emergency medical technician or advanced emergency medical
technician-ambulance.

5.] The
board shall adopt such regulations as it determines are necessary for the
issuance, suspension, revocation and renewal of licenses.

[6.]5. Each operator of an ambulance or air
ambulance and each firefighting agency shall annually file with the health
division a complete list of the licensed persons in its service.

[7.]6. Licensed physicians [, physicians assistants] and registered
nurses may serve as attendants [or render
emergency medical care] without being licensed under the
provisions of this section . [, but a]A registered
nurse who [is employed to perform]performs advanced emergency care in an ambulance or air
ambulance must [be qualified to render medical
care at the scene of an emergency as required by]perform the care in accordance with the regulations of
the state board of nursing.

Sec. 9. NRS 450B.190 is
hereby amended to read as follows:

450B.190 1. The health
division may, at its discretion, issue [:

(a) A]a provisional license [;
or

(b) An emergency medical
technician certificate,

to an individual]as an attendant to a person who does not meet the
qualifications established pursuant to this chapter, if the health division
determines that such issuance will be in the public interest.

2. A provisional license [or provisional emergency medical technician
certificate shall not be]as an attendant
must not be made valid for more than 1 year from the date of issuance [. A provisional license]and is not renewable.

Sec. 10. NRS 450B.1905 is
hereby amended to read as follows:

450B.1905 1. A program for
training in the basic care of a patient in urgent need of medical care or observation
must be:

(a) Supervised by a physician and approved by
the health division; or

(b) Presented by a national organization which
is nationally recognized for providing such training and approved by the board.

2. Except as provided in subsections 3
and 4, training in basic care must include:

(b) Administration of oxygen, both manually and
by a device which uses intermittent positive pressure;

(c) Cardiopulmonary resuscitation;

(d) Treatment of shock;

(e) Control of bleeding;

(f) Treatment of wounds;

(g) Application of splints;

(h) Treatment for poisoning;

(i) Childbirth; and

(j) Rescue.

3. A program for training in the basic
care of a patient may follow the curriculum prepared by the Department of
Transportation as a national standard for emergency medical technicians.

4. The board may adopt regulations which
prescribe other requirements for training in the basic care of a patient in
urgent need of medical care or observation.

5. An owner of an ambulance shall not
offer basic care of a patient in urgent need of medical care or observation
unless the attendant has successfully completed a program of training in such
care.

6. The board may by
regulation prescribe additional requirements for receiving and maintaining
certification in basic emergency care. The curriculum for training must be:

(a) At the level of
advanced first aid; or

(b) At least equivalent
to any curriculum prepared by the Department of Transportation as a national
standard for emergency medical technicians.

Sec. 11. NRS 450B.191 is
hereby amended to read as follows:

450B.191 1. A program of
training in intermediate emergency care [in a
rural area which has access to a medical facility or hospital which provides
emergency medical care]of a patient in
urgent need of medical care or observation must be conducted by a
licensed physician [. The program of training in
a health district must be recommended to the health division for its approval
by the district health officer.]and
approved by the health division.

2. A program for training for an
intermediate emergency medical technician must include an approved curriculum
in intravenous therapy [, the use of pneumatic
trousers to control shock] and the management of a passage for
air to the lungs. Only a certified emergency medical technician [who is a licensed attendant or a fireman]
with experience as established by the board is eligible for this training.

3. [A
certified intermediate emergency medical technician must undergo at least one
examination by the supervising physician every 6 months to verify the retention
of his skills in order to maintain his certification, and is subject to
re-examination by the state health officer. The supervising physician may
recommend revocation of certification at any time.]In order to maintain his certification, each intermediate
emergency medical technician must annually:

(a) Comply with the
requirements established by the board for continuing medical education; and

(b) Demonstrate his
skills as required by regulation of the board.

4. The board may by regulation prescribe
the curriculum and other requirements for training and
maintaining certification in intermediate emergency care. The curriculum must be at least equivalent to any curriculum
prepared by the Department of Transportation as a national standard for
intermediate emergency medical technicians.

5. A person shall not represent himself
to be an intermediate emergency medical technician unless he has on file with
the health division a currently valid certificate demonstrating successful
completion of the program of training required by this section.

6. An attendant or fireman shall not
perform, and the owner , [or]
operator , director or chief officer of an
ambulance or a firefighting agency must not offer, intermediate emergency care
without fulfilling the requirements established by the board.

Sec. 12. NRS 450B.1915 is
hereby amended to read as follows:

450B.1915 An intermediate emergency
medical technician may [:

1. Render services
in rescue, first aid and resuscitation.

2. During training
at a medical facility and while caring for patients at a medical facility,
administer parenteral medications under the direct supervision of a physician
or registered nurse.

3. Under the
direct supervision of a physician or a registered nurse supervised by a
physician, or if the technician is communicating directly with the physician or
the registered nurse supervised by a physician and is directed by that
physician or nurse, perform such procedures and administer such drugs as are
approved by the board, which may include, but are not limited to:

(a) Performing venipuncture
for the administration of intravenous therapy and the maintenance of
intravenous therapy initiated by other authorized persons;

(b) Creating and
maintaining a passage for air to the lungs by esophageal tube;

(d) Applying pneumatic
trousers to control shock.]perform any
procedure and administer any drug approved by regulation of the board.

Sec. 13. NRS 450B.195 is
hereby amended to read as follows:

450B.195 1. Only a certified
emergency medical technician who is a licensed attendant or a fireman with
experience as established by the board is eligible for training as an advanced
emergency medical [technician-ambulance.]technician.

2. A program of training in advanced
emergency care for advanced emergency medical [technicians-ambulance]technicians must be conducted by a licensed
physician [or other person as established by
regulation of the board and must include at least 500 hours of training,
including 300 hours of didactic and 200 hours of
clinical instruction.

didactic and 200 hours of clinical
instruction. The program must include cardiac care and experience with
emergency vehicles.

3. Each holder of
a certificate as an advanced emergency medical technician-ambulance must
undergo at least 40 hours of training yearly in order to maintain his
certification, and he is subject to re-examination every 2 years by the state
health officer.]and approved by the
health division.

3. In order to
maintain his certification, each advanced emergency medical technician must
annually:

(a) Comply with the
requirements established by the board for continuing medical education; and

(b) Demonstrate his
skills as required by regulation of the board.

4. The board may by regulation prescribe
the curriculum and other requirements for training and
maintaining certification in advanced emergency care. The curriculum must be at least equivalent to any curriculum
prepared by the Department of Transportation as a national standard for
advanced emergency medical technicians.

5. A person shall not represent himself
to be an advanced emergency medical [technician-ambulance]technician unless he has on file with the health
division a currently valid certificate evidencing his successful completion of
the program of training required by this section.

6. An attendant or fireman shall not
perform, and the owner , [or]
operator , director or chief officer of an
ambulance or a firefighting agency must not offer, advanced emergency care
without fulfilling the requirements established by the board.

Sec. 14. NRS 450B.197 is
hereby amended to read as follows:

450B.197 [A
person performing advanced emergency care, including an]An attendant or a fireman who is an advanced emergency
medical [technician-ambulance or a registered
nurse, pursuant to the regulations of the state board of nursing, may:

1. Perform
rescues, first aid and resuscitation.

2. During training
at a hospital and while caring for patients in a hospital administer parenteral
medications under the direct supervision of a physician or a registered nurse.

4. If voice
communication is established and maintained with a physician or with a
registered nurse supervised by a physician in a hospital and, if medically
appropriate, a telemetered electrocardiogram of the patient is observed by the
physician or nurse in that hospital, upon order of the physician or nurse,
perform such procedures and administer such drugs as are approved by the state
board of health, including:

(a) Administering intravenous
saline or glucose solutions.

(b) Performing gastric
suction by intubation.

(c) Performing an
intubation into the airway by an esophageal or endotracheal tube or by
cricothyroidotomy.

5. If voice
communication cannot be established or cannot be maintained with a physician or
with a registered nurse supervised by a physician in a hospital, perform
procedures under such prescribed conditions as are set forth in written
standing orders which are recommended by a group of physicians chosen by a
local health authority for advice on the performance of advanced emergency care
and are adopted by a district board of health, or by the state health officer
for areas that are not in health districts, and are approved by the board. If
such a procedure is begun, the technician or other person rendering advanced
emergency care must establish or resume voice communication as soon as
possible.]technician may perform any
procedure and administer any drug approved by regulation of the board.

Sec. 15. NRS 450B.200 is
hereby amended to read as follows:

450B.200 1. The health
division may issue permits for the operation of an ambulance, air ambulance and
a vehicle of a firefighting agency at the scene of an emergency.

2. Each permit must be evidenced by a
card issued to the holder of the permit.

3. No permit may be issued unless the
applicant is qualified under the regulations of the board.

4. An application for a permit must be
made upon forms prescribed by the board and in accordance with procedures
established by the board, and must contain the following:

(a) The name and address of the owner of the
ambulance or air ambulance or of the firefighting agency;

(b) The name under which the applicant is doing
business or proposes to do business, if applicable;

(c) A description of each ambulance, air
ambulance or vehicle of a firefighting agency, including the make, [model,] year of manufacture [, motor] and chassis
[numbers,] number, and the color scheme, insignia, name, monogram or other
distinguishing characteristics to be used to designate the applicants
ambulance, air ambulance or vehicle;

motor] and chassis [numbers,]number,
and the color scheme, insignia, name, monogram or other distinguishing
characteristics to be used to designate the applicants ambulance, air
ambulance or vehicle;

(d) The location and description of the places
from which the ambulance, air ambulance or firefighting agency intends to
operate; and

(e) Such other information as the board deems
reasonable and necessary to a fair determination of compliance with the
provisions of this chapter.

5. The board shall establish a reasonable
fee for annual permits.

6. All permits expire on July 1 following
the date of issue, and are renewable annually thereafter upon payment of the
fee required by subsection 5 at least 30 days before the expiration date.

7. The health division shall:

(a) Revoke, suspend or refuse to renew any
permit issued pursuant to this section for violation of any provision of this
chapter or of any regulation adopted by the board; or

(b) Bring an action in any court for violation
of this chapter or the regulations adopted pursuant to this chapter,

only after the holder of a permit is afforded an opportunity
for a public hearing before the board.

8. The health division may suspend a
permit if the holder is using an ambulance, air ambulance or vehicle of a
firefighting agency which does not meet the minimum requirements for equipment
as established by the board pursuant to this chapter.

9. The issuance of a permit under this
section or NRS 450B.210 does not authorize any person or government entity to
provide those services or to operate any ambulance, air ambulance or vehicle of
a firefighting agency not in conformity with any ordinance or regulation
enacted by any county, municipality or special purpose district.

Sec. 16. NRS 450B.265 is
hereby amended to read as follows:

450B.265 A firefighting agency or an
owner , [or]
operator , director or chief officer of an
ambulance shall not represent, advertise or imply that it:

1. Is authorized to provide advanced
emergency care; or

2. Utilizes the services of an advanced
emergency medical [technician-ambulance,]technician,

unless the service has a currently valid permit to provide
advanced emergency care issued by the health division.

Sec. 17. NRS 450B.290 is
hereby amended to read as follows:

450B.290 The following are exempted from
the provisions of this chapter:

1. The occasional use of a vehicle or
aircraft to transport injured or sick persons, which vehicle or aircraft is not
ordinarily used in the business of transporting persons who are sick or
injured.

2. A vehicle or aircraft rendering
services as an ambulance or air ambulance in case of a major catastrophe or
emergency [when]if ambulance or air ambulance services with permits are
insufficient to render the services required.

3. Persons rendering service as
attendants in case of a major catastrophe or emergency [when] if licensed
attendants cannot be secured.

4. [Ambulances or air] Air ambulances
based outside this state [,] which deliver patients from outside this state
or which are acting pursuant to subsection 2, except that any such
[ambulance or] air ambulance receiving a patient within this state [for
transport to a location within this state] shall comply with the provisions of
this chapter.

5. Attendants based outside this state
[.] , except an attendant for an air ambulance operating in this state
pursuant to subsection 4.

6. Vehicles owned and operated by search
and rescue organizations chartered by the state as corporations not for profit
or otherwise existing as nonprofit associations which are not regularly used to
transport injured or sick persons except as part of rescue operations.

7. Ambulances or air ambulances owned and
operated by an agency of the United States Government.

Sec. 18. NRS 453.375 is
hereby amended to read as follows:

453.375 A controlled substance may be
possessed and administered by the following persons:

1. If registered by the board:

(a) A practitioner.

(b) A physicians assistant at the direction of
his supervising physician.

2. Without being registered with the
board:

(a) A registered nurse licensed to practice
professional nursing or licensed practical nurse, at the direction of a
physician, or pursuant to a chart order of individual doses:

(1) From an original container which has
been furnished as floor or ward stock;

(2) From a container dispensed by a
registered pharmacist pursuant to a prescription; or

(3) Furnished by a practitioner.

(b) In an institutional pharmacy, a registered
nurse licensed to practice professional nursing or a licensed practical nurse,
in multiple doses for administration in single doses to prisoners in that
institution.

(c) An advanced emergency medical [technician-ambulance, at the direction of a physician
or registered nurse as provided in NRS 450B.197.]technician as authorized by regulation of the state board of
health.

(d) A respiratory therapist, at the direction of
a physician.

(e) A medical student or student nurse in the
course of his studies at an approved college of medicine or school of
professional or practical nursing, at the direction of a physician and:

(1) In the presence of a physician or a
registered nurse; or

(2) Under the supervision of a physician
or a registered nurse if the student is authorized by the college or school to
administer the substance outside the presence of a physician or nurse.

A medical student or student nurse may administer a
controlled substance in the presence or under the supervision of a registered
nurse alone only if the circumstances are such that the
registered nurse would be authorized to administer it personally.

circumstances are such that the registered nurse would be
authorized to administer it personally.

(f) A medical intern in the course of his
internship.

(g) An ultimate user as defined in this chapter.

3. A person designated by the head of a
correctional institution which does not contain an institutional pharmacy, but
only:

(a) As prescribed and dispensed for an
individual prisoner in that institution; and

(b) For issue to that prisoner in single doses.

Sec. 19. NRS 453.510 is
hereby amended to read as follows:

453.510 1. A practitioner
may purchase supplies of controlled substances from a pharmacy by:

(a) Making an oral order to the pharmacy or
transmitting an oral order through his agent, except an order for a controlled
substance in schedule II; or

(b) Presenting to the pharmacy a written order
signed by him which contains his registration number issued by the Drug
Enforcement Administration or transmitting such an order through his agent.

2. A hospital pharmacy or a pharmacy
designated for this purpose by a district health officer may sell the holder of
a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210 supplies
of controlled substances to stock his ambulances or other authorized vehicles
or replenish the stock if:

(a) The purchase order is countersigned by a
physician; or

(b) An oral order, except an order for a
controlled substance in schedule II, is made by the holder of the permit or
transmitted by his agent,

and the [intermediate
emergency medical technician, the] advanced emergency medical [technician-ambulance]technician or the registered nurse who is in charge of
the controlled substances is, respectively, appropriately certified by the
health division or licensed by the state board of nursing.

3. The state board of pharmacy shall
adopt regulations regarding the records a pharmacist shall keep of any purchase
made pursuant to this section.

Sec. 20. NRS 454.213 is
hereby amended to read as follows:

454.213 A drug or medicine referred to in
NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

1. A practitioner.

2. A registered nurse licensed to
practice professional nursing or licensed practical nurse, at the direction of
a prescribing practitioner or pursuant to a chart order of individual doses:

(a) From an original container which has been
furnished as floor or ward stock;

(b) From a container dispensed by a registered
pharmacist pursuant to a prescription; or

3. A registered nurse licensed to
practice professional nursing or a licensed practical nurse, in an
institutional pharmacy, in multiple doses for administration in single doses to
prisoners in that institution.

4. A physicians assistant at the
direction of his supervising physician.

5. An intermediate
emergency medical technician or an advanced emergency medical [technician-ambulance, at the direction of a physician
or registered nurse as provided in NRS 450B.197.]technician as authorized by regulation of the state board of
pharmacy.

6. A respiratory therapist, at the
direction of a physician.

7. A medical student or student nurse in
the course of his studies at an approved college of medicine or school of
professional or practical nursing, at the direction of a physician and:

(a) In the presence of a physician or a
registered nurse; or

(b) Under the supervision of a physician or a
registered nurse if the student is authorized by the college or school to
administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a
dangerous drug in the presence or under the supervision of a registered nurse
alone only if the circumstances are such that the registered nurse would be
authorized to administer it personally.

8. A medical intern in the course of
internship.

9. A person designated by the head of a
correctional institution which does not contain an institutional pharmacy, but
only:

(a) As prescribed and dispensed for an
individual prisoner in that institution; and

(b) For issue to that prisoner in single doses.

10. An ultimate user.

Sec. 21. (Deleted by
amendment.)

Sec. 22. NRS 454.316 is
hereby amended to read as follows:

454.316 1. Except as
otherwise provided in this section, every person who possesses any drug defined
in NRS 454.201, except that furnished to [such
person]him by a pharmacist
pursuant to a legal prescription or a practitioner, is guilty of a gross
misdemeanor. If [such]the person has been twice previously convicted of any
offense:

(a) Described in this section; or

(b) Under any other law of the United States or
this or any other state or district which if committed in this state would have
been punishable as an offense under this section,

he shall be punished by imprisonment in the state prison for
not less than 1 year nor more than 10 years.

2. No prescription is required for
possession of those drugs by pharmacists, practitioners, physicians assistants
if authorized by the board, hospitals, intermediate
emergency medical technicians, advanced emergency medical [technicians-ambulance,]technicians, public health nurses, registered nurses
who hold certificates from the state board of nursing and certificates from the
state board of pharmacy permitting them to possess, administer
and dispense dangerous drugs, registered nurses responsible for patients in air
and ground ambulances, any other person or class of persons approved by the
board pursuant to regulation, jobbers, wholesalers, manufacturers or
laboratories authorized by laws of this state to handle, possess and deal in
those drugs when they are in stock containers properly labeled and have been
procured from a manufacturer, wholesaler or pharmacy, or by a rancher who
possesses such dangerous drugs in a reasonable amount for use solely in the
treatment of livestock on his own premises.

administer and dispense dangerous drugs, registered nurses
responsible for patients in air and ground ambulances, any other person or
class of persons approved by the board pursuant to regulation, jobbers,
wholesalers, manufacturers or laboratories authorized by laws of this state to
handle, possess and deal in those drugs when they are in stock containers
properly labeled and have been procured from a manufacturer, wholesaler or
pharmacy, or by a rancher who possesses such dangerous drugs in a reasonable
amount for use solely in the treatment of livestock on his own premises.

3. No prescription is required for an
optometrist certified under NRS 636.382 to possess drugs which he is authorized
to use under chapter 636 of NRS.

Sec. 23. NRS 484.393 is
hereby amended to read as follows:

484.393 1. The results of
any blood test administered under the provisions of NRS 484.383 or 484.391 are
not admissible in any hearing or criminal action arising out of the acts
alleged to have been committed while a person was under the influence of
intoxicating liquor or a controlled substance unless:

(a) The blood tested was withdrawn by a
physician, registered nurse, licensed practical nurse, advanced emergency
medical [technician-ambulance]technician or a technician employed in a medical
laboratory; and

(b) The test was performed on whole blood, except
if the sample was clotted when it was received by the laboratory, the test may
be performed on blood serum or plasma.

2. The limitation contained in paragraph
(a) of subsection 1 does not apply to the taking of a chemical test of the
urine, breath or other bodily substance.

3. No physician, registered nurse,
licensed practical nurse, advanced emergency medical [technician-ambulance]technician or technician incurs any civil or
criminal liability as a result of the administering of a blood test when requested
by a police officer or the person to be tested to administer such test.

Sec. 24. NRS 41.137 is
hereby amended to read as follows:

41.137 As used in this section and NRS
41.139, unless the context otherwise requires:

41.505 1. Any physician or
registered nurse who in good faith gives instruction or
provides supervision to an [advanced]
emergency medical [technician-ambulance,]attendant as defined [by
NRS 450B.193,]in NRS 41.137, or to a
registered nurse, at the scene of an emergency, or
while transporting an ill or injured person from the scene of an emergency, and
the [advanced] emergency medical [technician-ambulance]
attendant or registered nurse who obeys the instruction, is not liable for any
civil damages as a result of any act or omission, not amounting to gross
negligence, [by him] in giving that instruction, providing that supervision or
rendering that emergency care.

the [advanced]
emergency medical [technician-ambulance]attendant or registered nurse who obeys the
instruction, is not liable for any civil damages as a result of any act or
omission, not amounting to gross negligence, [by
him] in giving that instruction, providing
that supervision or rendering that emergency care.

2. Any person licensed under the
provisions of chapter 630 [, 632]
or 633 of NRS, who renders emergency care or assistance in an emergency,
gratuitously and in good faith, is not liable for any civil damages as a result
of any act or omission, not amounting to gross negligence, by him in rendering
the emergency care or assistance or as a result of any failure to act, not
amounting to gross negligence, to provide or arrange for further medical
treatment for the injured or ill person. This section does not excuse a
physician [or nurse] from liability
for damages resulting from his acts or omissions which occur in a licensed
medical facility relative to any person with whom there is a preexisting
relationship as a patient.

Sec. 26. NRS 200.5093 is
hereby amended to read as follows:

200.5093 1. If any of the
persons listed in subsection 2 suspects an instance of abuse, neglect or
exploitation of an older person, he shall immediately report his suspicion to:

(a) The local office of the welfare or aging
services division of the department of human resources;

(b) Any police department or sheriffs office;
or

(c) The countys office for protective services,
if one exists in the county where the suspected action occurred.

If the report of abuse, neglect or exploitation involves an
act or omission of the welfare division, aging services division or a law
enforcement agency, the report must be made to an agency other than the one
alleged to have committed the act or omission. Each agency, after reducing the
report to writing, shall forward a copy of the report to the aging services
division of the department of human resources.

2. Reports must be made by:

(a) Every physician, dentist, dental hygienist,
chiropractor, optometrist, podiatrist, medical examiner, resident, intern,
professional or practical nurse, physicians assistant, psychiatrist,
psychologist, marriage and family counselor, alcohol or drug abuse counselor,
driver of an ambulance, advanced emergency medical [technician-ambulance]technician or other person providing medical
services licensed or certified to practice in this state, who examines, attends
or treats an older person who appears to have been abused, neglected or
exploited.

(b) Any personnel of a hospital or similar
institution engaged in the admission, examination, care or treatment of persons
or an administrator, manager or other person in charge of a hospital or similar
institution upon notification of the suspected abuse, neglect or exploitation
of an older person by a member of the staff of the hospital.

(d) Every clergyman, practitioner of Christian
Science or religious healer, unless he acquired the knowledge of abuse, neglect
or exploitation from the offender during a confession, or a social worker.

(e) Every person who maintains or is employed by
an agency to provide nursing in the home.

(f) Every attorney, unless he has acquired the
knowledge of abuse, neglect or exploitation from a client who has been or may
be accused of the abuse, neglect or exploitation.

(g) Any employee of the welfare or aging
services division of the department of human resources.

(h) Any employee of a law enforcement agency or
a countys office for protective services or an adult or juvenile probation
officer.

(i) Any person who maintains or is employed by a
facility or establishment that provides care for older persons.

(j) Any person who maintains, is employed by or
serves as a volunteer for an agency or service which advises persons regarding
the abuse, neglect or exploitation of an older person and refers them to
persons and agencies where their requests and needs can be met.

3. Every physician who, as a member of
the staff of a hospital or similar institution, has reason to believe that an
older person has been abused, neglected or exploited shall notify the
superintendent, manager or other person in charge of the institution. The
superintendent, manager or other person in charge shall make a report as
required in subsection 1.

4. A report may be filed by any other
person.

5. A division, office or department which
receives a report pursuant to this section shall cause the investigation of the
report within 3 working days.

6. If the investigation of the report
results in the belief that the older person is abused, neglected or exploited,
the welfare division of the department of human resources or the countys
office for protective services may provide protective services to the older
person if he is able and willing to accept them.

Sec. 27. NRS 244.1605 is
hereby amended to read as follows:

244.1605 The boards of county commissioners
[are empowered to:]may:

1. Establish, equip and maintain limited
medical facilities in the outlying areas of their respective counties to
provide outpatient care and emergency treatment to the residents of and those
falling sick or being injured or maimed in [such]those areas.

2. Provide a full-time or part-time staff
for [such]the
facilities which [staff] may
include a physician, a certified physicians assistant, a registered nurse or a
licensed practical nurse, a certified [paramedic]emergency medical technician and such other
personnel as [such board shall deem]the board deems necessary or appropriate to [insure]ensure adequate
staffing commensurate with the needs of the area in which [such]the facility
is located.

3. Fix the charges for the medical and
nursing care and medicine furnished by [such
facilities]the facility to those
who are able to pay for [the same,] them, and to provide [such] that care and medicine free
of charge to those persons who qualify as medical indigents under the
[respective] countys criteria of [patient] eligibility for medical care.

same,]them, and to provide [such]that care and medicine free of charge to those
persons who qualify as medical indigents under the [respective]
countys criteria of [patient]
eligibility for medical care.

4. Purchase, equip and maintain, either
in connection with a limited medical facility as authorized in this section or
independent therefrom, ambulances and ambulance services for the benefit of the
residents of and those falling sick or being injured or maimed in [such]the outlying
areas.

Sec. 28. NRS 432B.220 is
hereby amended to read as follows:

432B.220 1. A report must be
made immediately to an agency which provides protective services or to a law
enforcement agency when there is reason to believe that a child has been abused
or neglected. If the report of abuse or neglect of a child involves the acts or
omissions of an agency which provides protective services or a law enforcement
agency, the report must be made to and the investigation made by an agency
other than the one alleged to have committed the acts or omissions.

2. Reports must be made by the following
persons who, in their professional or occupational capacities, know or have
reason to believe that a child has been abused or neglected:

(b) Any personnel of a hospital or similar
institution engaged in the admission, examination, care or treatment of persons
or an administrator, manager or other person in charge of a hospital or similar
institution upon notification of suspected abuse or neglect of a child by a
member of the staff of the hospital;

(c) A coroner;

(d) A clergyman, practitioner of Christian
Science or religious healer, unless he has acquired the knowledge of the abuse
or neglect from the offender during a confession;

(e) A social worker and an administrator,
teacher, librarian or counselor of a school;

(f) Any person who maintains or is employed by a
facility or establishment that provides care for children, childrens camp or
other public or private facility, institution or agency furnishing care to a
child;

(g) Any person licensed to conduct a foster
home;

(h) Any officer or employee of a law enforcement
agency or an adult or juvenile probation officer;

(i) An attorney, unless he has acquired the
knowledge of the abuse or neglect from a client who is or may be accused of the
abuse or neglect; and

(j) Any person who maintains, is employed by or
serves as a volunteer for an agency or service which advises persons regarding
abuse or neglect of a child and refers them to persons and agencies where their
requests and needs can be met.

4. Any person required to report under
this section who has reasonable cause to believe that a child has died as a
result of abuse or neglect shall report this belief to the appropriate medical
examiner or coroner, who shall investigate the report and submit to an agency
which provides protective services his written findings, which must include the
information required under the provisions of subsection 2 of NRS 432B.230.

Sec. 29. NRS 450B.170 and
450B.193 are hereby repealed.

Sec. 30. Sections 19 and 20
of this act become effective at 12:01 a.m. on July 1, 1987.

________

CHAPTER 801, AB 778

Assembly Bill No.
778Committee on Ways and Means

CHAPTER 801

AN ACT relating to mental health;
permitting a client of a facility of the mental hygiene and mental retardation
division of the department of human resources to obtain a copy of his records
at any time; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 433.504 is
hereby amended to read as follows:

433.504 1. A
client [shall be permitted]must be:

(a) Permitted to
inspect his records [and he shall be informed]; and

(b) Informed of
his clinical status and progress at reasonable intervals of no longer than 3
months in a manner appropriate to his clinical condition.

2. Unless a
psychiatrist has made a specific entry to the contrary in a clients records, a
client is entitled to obtain a copy of his records at any time upon notice to
the administrative officer of the facility and payment of the cost of
reproducing the records.

________

κ1987
Statutes of Nevada, Page 2222κ

CHAPTER 802, SB 358

Senate Bill No.
358Committee on Human Resources and Facilities

CHAPTER 802

AN ACT relating to dentistry; requiring
certain dental appliances to be marked with the name or social security number
of the owner; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 631 of NRS is
hereby amended by adding thereto a new section to read as follows:

All artificial teeth, dentures
or other removable dental appliances, at the time they are manufactured or sent
to a laboratory for repair, must be identified with the name or social security
number of the owner by:

1. Embedding the
name or number in the material of the appliance;

2. Adding the name
or number with an adhesive; or

3. Marking the
appliance in any manner consistent with advances in technology and approved by
the board.

________

CHAPTER 803, AB 10

Assembly Bill No.
10Committee on Commerce

CHAPTER 803

AN ACT relating to financial institutions;
requiring the administrator of financial institutions to establish a uniform
rate for certain examinations of financial institutions; and providing other
matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 658 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The administrator
shall establish by regulation rates to be paid by banks and other financial
institutions for supervision and examinations by the administrator or the
division of financial institutions.

2. In establishing
a rate pursuant to subsection 1, the administrator shall consider:

(a) The complexity of the
various examinations to which the rate applies;

(b) The skill required to
conduct the examinations;

(c) The expenses
associated with conducting the examination and preparing a report; and

658.096 1. The administrator
shall charge and collect the following fees in connection with his official
duties:

(a) For [examination]licensing of state banks:

(1) A fee of [$100]$200 for each parent bank, payable on June 30 and
December 31 of each year.

(2) A fee of [$25]$100 for each branch bank, payable on June 30 and
December 31 of each year.

[(3) Based
upon the total assets of all banks, payable semiannually on the basis of the
call report of condition as of June 30 and December 31 of each year, a fee of
10 cents per $1,000 for the first $500,000,000, 4 cents per $1,000 for the next
$500,000,000 and 2 cents per $1,000 for amounts over $1,000,000,000.]

(b) For applications for new branch banks, a
nonrefundable fee of [$250]$200 for the application and survey to be paid by the
applicant at the time of making the application. The applicant shall also pay
such additional expenses incurred in the process of investigation as the
administrator deems necessary. All money received by the administrator pursuant
to this paragraph must be placed in the investigative fund created by NRS
232.285.

(c) For [special
bank] examinations and the examination of trust departments of
state banks, a [reasonable] fee for
[each man-hour expended in]
conducting the examination and in preparing and typing the report of the
examination [.]at the rate established pursuant to section 1 of this act.

2. Except as otherwise provided in
paragraph (b) of subsection 1, all money collected under this section must be
paid into the state general fund.

Sec. 3. NRS 669.250 is
hereby amended to read as follows:

669.250 1. For each
examination of a trust companys books and records required or authorized under
this chapter, the administrator shall charge and collect from the trust company
a [reasonable] fee for [each man-hour expended in] conducting
the examination and in preparing and typing the report of the examination [.]at the rate established
pursuant to section 1 of this act.

2. All money collected under this section
must be paid into the state general fund.

3. The
administrator shall examine a licensee as often as he deems necessary.

Sec. 4. NRS 670.250 is
hereby amended to read as follows:

670.250 1. The administrator
shall examine the corporation as often as he deems necessary.

2. The corporation shall make reports of
its condition at least annually to the administrator and more frequently upon
the order of the administrator. The administrator shall furnish copies of these
reports to the commissioner of insurance and the governor. The corporation
shall also furnish such other information as may [from
time to time] be required by the administrator or the secretary
of state.

3. The corporation shall pay a [reasonable cost for each hour expended by an examiner
of financial institutions in]fee for conducting
the examination and preparing the [examination report.]

examination and preparing the [examination
report.]report of the examination at the
rate established pursuant to section 1 of this act.

4. The administrator shall exercise the
same supervisory authority over corporations organized under this chapter as he
[now] exercises over banks and
trust companies chartered by the state.

Sec. 5. NRS 670A.260 is
hereby amended to read as follows:

670A.260 1. The
administrator shall examine the corporation as often as he deems necessary.

2. The corporation shall make reports of
its condition at least annually to the administrator and more frequently upon
the order of the administrator. The administrator shall furnish copies of these
reports to the commissioner of insurance and the governor. The corporation
shall also furnish such other information as may [from
time to time] be required by the administrator or the secretary
of state.

3. The corporation shall pay a [reasonable cost for each hour expended by a state
examiner in]fee for conducting the
examination and preparing the [examination
report.]report of the examination at the
rate established pursuant to section 1 of this act.

4. The administrator shall exercise the
same supervisory authority over corporations organized under this chapter as he
[now] exercises over banks and
trust companies chartered by the state.

Sec. 6. NRS 671.120 is
hereby amended to read as follows:

671.120 1. Except as
provided in subsection 4, once each year the administrator shall examine the
financial accounts of each licensee and any other documents relevant to the conduct
of the licensees business, and the administrator may conduct such examinations
at additional times.

2. For the purpose of the examinations,
the administrator may enter upon any of the business premises of a licensee or
his agents and obtain access to the relevant documents. Any obstruction or
denial of such an entry or access is a violation of this chapter.

3. For each examination the administrator
shall charge and collect from the licensee a [reasonable]
fee for [each man-hour expended in]
conducting the examination and in preparing and typing the report [.]at the rate
established pursuant to section 1 of this act.

4. The administrator may accept a report
of an audit of the licensee which covers the most recent fiscal year in lieu of
conducting an examination.

Sec. 7. NRS 645B.060 is
hereby amended to read as follows:

645B.060 1. Subject to the administrative
control of the director of the department of commerce, the administrator shall
exercise general supervision and control over mortgage companies doing business
in this state.

2. In addition to the other duties
imposed upon him by law, the administrator shall:

(a) Adopt reasonable regulations as may be
necessary for making effective this chapter, except as to loan brokerage fees.

(b) Conduct such investigations as may be
necessary to determine whether any person has violated any provision of this
chapter.

(c) Conduct such examinations, periodic or
special audits, investigations and hearings, in addition to those specifically
provided for by law, as may be necessary and proper for the efficient
administration of the laws of this state regarding mortgage companies.

(d) Classify as confidential certain records and
information obtained by the division when those matters are obtained from a
governmental agency upon the express condition that they remain confidential.
This paragraph does not limit examination by the legislative auditor.

(e) Conduct such examinations and investigations
as are necessary to ensure that mortgage companies meet the requirements of
this chapter for obtaining a license, both at the time of the application for a
license and thereafter on a continuing basis.

3. For each
special audit, investigation or examination a mortgage company shall pay a fee
based on the rate established pursuant to section 1 of this act.

Sec. 8. NRS 649.295 is
hereby amended to read as follows:

649.295 1. A nonrefundable
fee of $250 for the application and survey must accompany each new application
for a collection agency license. The applicant shall also pay such additional
expenses incurred in the process of investigation as the administrator deems
necessary. All money received by the administrator pursuant to this subsection
must be placed in the investigative fund created by NRS 232.285.

2. A fee of not less than $100 nor more
than $300, prorated on the basis of the licensing year as provided by the
administrator, must be charged for each original collection agency license
issued. A fee of $200 must be charged for each annual renewal of such a
license.

3. A fee of $10 must be charged for each
duplicate or location transfer license issued.

4. A nonrefundable investigation fee of
$75 must accompany each application for a managers certificate unless the
applicant is the holder of or an applicant for a collection agency license.

5. A fee of $20 must be charged for each
managers certificate issued and for each annual renewal of such a certificate.

6. A fee of $30 must be charged for the
reinstatement of a managers certificate.

7. A fee of $5 must be charged for each
day an application for the renewal of a license or certificate, or a required
report, is filed late, unless the fee or portion thereof is excused by the
administrator for good cause shown.

8. For each examination the administrator
shall charge and collect from the licensee a [reasonable]
fee for [each man-hour expended in]
conducting the examination and in preparing and typing the report of the
examination [.]at the rate established pursuant to section 1 of this act.

9. Except as otherwise provided in
subsection 1, all money received by the administrator under this chapter must
be deposited in the state treasury for credit to the state general fund.

673.430 1. Each association
doing business in this state shall file annually with the administrator on or
before March 1, a sworn statement in two sections.

2. One section of the annual report must
contain, in such form and detail as the administrator may prescribe, the
following:

(a) The amount of authorized capital by classes
and the par value of each class of stock.

(b) A statement of its assets, liabilities and
capital accounts as of the immediately preceding December 31.

(c) Any other facts which the administrator may
require.

This section must be furnished in duplicate, one certified
copy to be returned, for publication at least two times in a newspaper having a
general circulation in each county in which the association maintains an
office. Publication must be completed on or before May 1, and proof of
publication must be filed in the office of the administrator.

3. One section of the annual report must
contain such other information as the administrator may require to be
furnished. This section need not be published and must be treated as
confidential by the administrator.

4. Every association shall pay to the
administrator for supervision and examination [:

(a) An annual fee of $200
for its home office, and $100 for each branch office open as of the immediately
preceding December 31.

(b) An annual assessment
computed as of the immediately preceding December 31 at the rate of 15 cents
per $1,000 of total assets.

5. The
administrator shall determine from the annual statement the amount due from
each association and submit a bill to the association for the amount by March
15. A penalty of 10 percent of the fee payable must be charged for each month
or part of a month that the fees are not paid after April 15 of each year.

6.]a fee based on the rate established pursuant to section 1 of
this act.

5. All sums
so received by the administrator must be delivered to the state treasurer and
paid into the state general fund.

Sec. 10. NRS 675.400 is
hereby amended to read as follows:

675.400 1. At least once
each year, the administrator or his authorized representatives shall make an
examination of the place of business of each licensee and of the loans,
transactions, books, papers and records of the licensee so far as they pertain
to the business licensed under this chapter.

2. For each examination the administrator
shall charge and collect from the licensee a [reasonable]
fee for [each man-hour expended in]
conducting the examination and preparing and typing the [examination
report.]report of the examination at the
rate established pursuant to section 1 of this act.

3. All money collected by the
administrator pursuant to subsection 2 must be deposited in the state general
fund.

Sec. 11. NRS 673.260 is
hereby amended to read as follows:

673.260 1. The license
mentioned in NRS 673.250 authorizes the company, association or corporation to
whom it is issued to sell its approved securities and
contracts within this state for the remainder of the fiscal year ending on June
30 next succeeding.

securities and contracts within this state for the remainder
of the fiscal year ending on June 30 next succeeding. Each license is
renewable, under like restrictions, annually thereafter.

2. For the issuing of any license
provided for in NRS 673.250 and for any renewal thereof, the fee of the
administrator is:

(a) For each home office, $200 . [plus 15 cents for each
$1,000 of total assets of the company, association or corporation as of December
31 of each year.]

(b) For each branch office, $100.

3. The fees must accompany the license
renewal application. A penalty of 10 percent of the fee payable must be charged
for each month or part thereof that the fees are not paid after June 30 of each
year.

4. All sums so received by the
administrator must be forthwith delivered to the state treasurer and must be
paid into the state general fund.

Sec. 12. NRS 676.270 is
hereby amended to read as follows:

676.270 1. For the purpose
of discovering violations of this chapter or of securing information lawfully
required under this chapter, the administrator or his authorized representative
may at any time and shall, at least once each year, investigate the business
and examine the books, accounts, papers and records of any licensee.

2. For the purpose of examination the
administrator or his authorized representatives must be allowed free access to
the offices, files, safes and vaults of such licensees.

3. For each examination the administrator
shall charge and collect from the licensee a [reasonable]
fee for [each man-hour expended in]
conducting the examination and in preparing and typing the [examination report.]report of the examination at the rate established pursuant to
section 1 of this act.

Sec. 13. NRS 677.430 is
hereby amended to read as follows:

677.430 1. At least once
each year, the administrator or his authorized representatives shall make an
examination of the place of business of each licensee and of the loans,
transactions, books, papers and records of such licensee so far as they pertain
to the business licensed under this chapter.

2. For each examination the administrator
shall charge and collect from the licensee a [reasonable]
fee for [each man-hour expended in]
conducting the examination and preparing and typing the [examination
report.]report of the examination at the
rate established pursuant to section 1 of this act.

Sec. 14. NRS 678.790 is
hereby amended to read as follows:

678.790 1. The division
shall annually conduct or cause to be conducted an examination of each credit
union organized under the provisions of this chapter. For the purpose of
performing the examination, the personnel of the division may:

(a) Subpena witnesses and documents;

(b) Administer oaths; and

(c) Compel the giving of testimony.

2. The report of the examination must
contain comments to the members relative to the management of the affairs of
the credit union and the general condition of the assets.

condition of the assets. Within 30 days following the
receipt of the report, the directors shall call a general meeting of key
personnel to consider matters contained in the report.

3. The division shall forward a copy of
the report to the chairman of each credit union within 30 days after it is
completed. The board of directors shall inform the members of the credit union
of its general condition at the next annual meeting.

4. For each examination
the credit union shall pay a fee based on the rate established pursuant to
section 1 of this act.

5. The
board of directors may engage a certified public accountant to perform such an
examination in lieu of the division staff. In such cases, the examination must
be equivalent to the type of examination made by
the division and the expense must be borne by the credit union being inspected.

AN ACT relating to sentencing; authorizing
the residential confinement of a person convicted of a crime who violates the
conditions of his probation or parole; requiring supervision by the department
of parole and probation; authorizing a justice of the peace or municipal judge
to sentence a person convicted of a misdemeanor to a term of residential
confinement in lieu of certain other punishment; and providing other matters
properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 176 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 5,
inclusive, of this act.

Sec. 2. 1. If a person who has been placed on probation
violates a condition of his probation, the court may order him to a term of
residential confinement in lieu of causing the sentence imposed to be executed.
In making this determination, the court shall consider the criminal record of
the person and the seriousness of the crime committed.

2. In ordering the
person to a term of residential confinement, the court shall:

(a) Direct that he be
placed under the supervision of the department of parole and probation;

(b) Require the person to
be confined to his residence during the time he is away from his employment,
public service or other activity authorized by the department of parole and
probation; and

(c) Require intensive
supervision of the person, including unannounced visits to his residence or
other locations where he is expected to be in order to determine whether he is
complying with the terms of his confinement.

3. An electronic
device approved by the department of parole and probation may be used to
supervise a person ordered to a term of residential confinement if it is
limited in capability to recording or transmitting information concerning the
persons presence at his residence and is minimally intrusive. A device which
is capable of recording or transmitting:

(a) Visual images;

(b) Oral or wire
communications or any auditory sound; or

(c) Information
concerning the persons activities while inside his residence,

must not be used.

4. The court shall
not order a person to a term of residential confinement unless he agrees to the
order.

5. A term of
residential confinement may not be longer than the sentence imposed by the
court.

Sec. 3. 1. In ordering a person to a term of residential
confinement, a court may establish the terms and conditions of that confinement.

2. The court may,
at any time, modify the terms and conditions of the residential confinement.

3. The court shall
cause a copy of its order to be delivered to the person and the department of
parole and probation.

Sec. 4. If it is determined that the person violated any term or
condition of his residential confinement, the sentence may be rescinded,
modified or continued. If it is rescinded, another punishment authorized by law
must be imposed.

Sec. 5. The department of parole and probation shall establish
procedures to administer a program of supervision for persons who are ordered
to a term of residential confinement.

Sec. 6. NRS 176.175 is
hereby amended to read as follows:

176.175 As used in NRS 176.175 to
176.245, inclusive [:], and sections 2 to 5, inclusive, of this act, unless the
context otherwise requires:

1. Board means the state board of
parole commissioners.

2. Court means a district court of the
State of Nevada.

3. Parole and probation officer means
the chief parole and probation officer or an assistant parole and probation
officer appointed in accordance with the provisions of chapter 213 of NRS.

4. Residential
confinement means the confinement of a person convicted of a crime to his
place of residence under the terms and conditions established by the sentencing
court.

Sec. 7. NRS 176.221 is
hereby amended to read as follows:

176.221 If the probationer is arrested,
by or without warrant, in another judicial district of this state, the court
which granted probation may assign the case to the district court of that
district, with the consent of [such]that court. The court retaining or thus acquiring
jurisdiction shall cause the defendant to be brought before it, and may [continue]:

1. Continue or
revoke the probation or suspension of sentence [,
and may cause];

2. Order the
probationer to a term of residential confinement pursuant to section 2 of this
act; or

3. Cause the
sentence imposed to be executed.

Sec. 8. Chapter 4 of NRS is
hereby amended by adding thereto the provisions set forth as sections 9 to 13,
inclusive, of this act.

Sec. 9. As used in sections 10 to 13, inclusive, of this act,
residential confinement means the confinement of a person convicted of a
misdemeanor to his place of residence under the terms and conditions
established by the sentencing court.

Sec. 10. 1. In lieu of imposing any punishment other than
a minimum sentence mandated by statute, a justice of the peace may sentence a
person convicted of a misdemeanor to a term of residential confinement. In
making this determination, the justice of the peace shall consider the criminal
record of the defendant and the seriousness of the crime committed.

2. In sentencing a
convicted person to a term of residential confinement, the justice of the peace
shall:

(a) Require the dependent
to be confined to his residence during the time he is away from his employment,
public service or other activity authorized by the justice of the peace; and

(b) Require intensive
supervision of the convicted person, including electronic surveillance and unannounced
visits to his residence or other locations where he is expected to be in order
to determine whether he is complying with the terms of his sentence.

3. An electronic
device approved by the department of parole and probation may be used to
supervise a convicted person sentenced to a term of residential confinement if
it is limited in capability to recording or transmitting information concerning
the persons presence at his residence and is minimally intrusive. A device
which is capable of recording or transmitting:

(a) Visual images;

(b) Oral or wire
communications or any auditory sound; or

(c) Information
concerning the persons activities while inside his residence,

must not be used.

4. The justice of
the peace shall not sentence a convicted person to a term of residential
confinement unless he agrees to the sentence.

5. A term of
residential confinement, together with the term of any minimum sentence
mandated by statute, may not exceed the maximum sentence which otherwise could
have been imposed for the offense.

Sec. 11. 1. In sentencing a person to a term of
residential confinement.

2. The justice of
the peace may, at any time, modify the terms and conditions of the residential
confinement.

3. The justice of
the peace shall cause a copy of his order to be delivered to the convicted
person and the local law enforcement agency.

Sec. 12. If it is determined that the convicted person violated any
term or condition of his residential confinement, the sentence may be
rescinded, modified or continued. If it is rescinded, another punishment
authorized by law must be imposed.

Sec. 13. The justices court may contract with a qualified person to
administer a program of supervision for persons who are sentenced to a term of
residential confinement pursuant to section 10 of this act.

Sec. 14. Chapter 5 of NRS is
hereby amended by adding thereto the provisions set forth as sections 15 to 19,
inclusive, of this act.

Sec. 15. As used in sections 16 to 19, inclusive, of this act,
residential confinement means the confinement of a person convicted of a
misdemeanor to his place of residence under the terms and conditions established
by the sentencing court.

Sec. 16. 1. In lieu of imposing any punishment other than
a minimum sentence mandated by statute, a municipal judge may sentence a person
convicted of a misdemeanor to a term of residential confinement. In making this
determination, the municipal judge shall consider the criminal record of the
defendant and the seriousness of the crime committed.

2. In sentencing a
convicted person to a term of residential confinement, the municipal judge
shall:

(a) Require the defendant
to be confined to his residence during the time he is away from his employment,
public service or other activity authorized by the municipal judge; and

(b) Require intensive
supervision of the convicted person, including electronic surveillance and
unannounced visits to his residence or other locations where he is expected to
be in order to determine whether he is complying with the terms of his
sentence.

3. An electronic
device approved by the department of parole and probation may be used to
supervise a convicted person sentenced to a term of residential confinement if
it is limited in capability to recording or transmitting information concerning
the persons presence at his residence and is minimally intrusive. A device
which is capable of recording or transmitting:

(a) Visual images;

(b) Oral or wire
communications or any auditory sound; or

(c) Information
concerning the persons activities while inside his residence,

must not be used.

4. The municipal
judge shall not sentence a convicted person to a term of residential
confinement unless he agrees to the sentence.

5. A term of
residential confinement, together with the term of any minimum sentence
mandated by statute, may not exceed the maximum sentence which otherwise could
have been imposed for the offense.

Sec. 17. 1. In sentencing a person to a term of
residential confinement, a municipal judge may establish the terms and
conditions of that confinement.

2. The municipal
judge may, at any time, modify the terms and conditions of the residential
confinement.

3. The municipal
judge shall cause a copy of his order to be delivered to the convicted person
and the local law enforcement agency.

Sec. 18. If it is determined that the convicted person violated any
term or condition of his residential confinement, the sentence may be
rescinded, modified or continued. If it is rescinded, another punishment
authorized by law must be imposed.

Sec. 19. The municipal court may contract with a qualified person to
administer a program of supervision for persons who are sentenced to a term of
residential confinement pursuant to section 16 of this act.

Sec. 20. Chapter 213 of NRS
is hereby amended by adding thereto the provisions set forth as sections 21 to
24, inclusive, of this act.

Sec. 21. 1. If a parolee violates a condition of his
parole, the board may order him to a term of residential confinement in lieu of
suspending his parole and returning him to confinement. In making this
determination, the board shall consider the criminal record of the parolee and
the seriousness of the crime committed.

2. In ordering the
parolee to a term of residential confinement, the board shall:

(a) Require the parolee
to be confined to his residence during the time he is away from his employment,
public service or other activity authorized by the department; and

(b) Require intensive
supervision of the parolee, including unannounced visits to his residence or
other locations where he is expected to be in order to determine whether he is
complying with the terms of his confinement.

3. An electronic
device approved by the department of parole and probation may be used to
supervise a parolee ordered to a term of residential confinement if it is
limited in capability to recording or transmitting information concerning the
parolees presence at his residence and is minimally intrusive. A device which
is capable of recording or transmitting:

(a) Visual images;

(b) Oral or wire
communications or any auditory sound; or

(c) Information
concerning the parolees activities while inside his residence,

must not be used.

4. The board shall
not order a parolee to a term of residential confinement unless he agrees to
the order.

5. A term of
residential confinement may not be longer than the unexpired term of the
parolees original sentence.

Sec. 22. 1. In ordering a parolee to a term of residential
confinement, the board may establish the terms and conditions of that
confinement.

2. The board may,
at any time, modify the terms and conditions of the residential confinement.

3. The board shall
cause a copy of its order to be delivered to the parolee.

Sec. 23. If it is determined that the parolee violated any term or
condition of his residential confinement, the order may be rescinded, modified
or continued, and his parole may be revoked.

Sec. 24. The board shall establish procedures to administer a program
of supervision for parolees who are ordered to a term of residential
confinement pursuant to section 21 of this act.

Sec. 25. NRS 213.107 is
hereby amended to read as follows:

213.107 As used in NRS 213.107 to
213.160, inclusive, [and] section 2
of [this act:]Assembly Bill No. 584 of this session and sections 21 to 24,
inclusive, of this act:

1. Board means the state board of
parole commissioners.

2. Department means the department of
parole and probation.

3. Executive officer means the chief
parole and probation officer.

4. Residential
confinement means the confinement of a person convicted of a crime to his
place of residence under the terms and conditions established by the board.

Sec. 26. Section 25 of this
act becomes effective at 12:01 a.m. on July 1, 1987.

________

CHAPTER 805, SB 155

Senate Bill No.
155Committee on Commerce and Labor

CHAPTER 805

AN ACT relating to group health insurance;
requiring certain policies to provide for continued coverage for a certain
period under certain circumstances; and providing other matters properly
relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 689B of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 6,
inclusive, of this act.

Sec. 2. 1. If an employee who employs less than 20
employees maintains a policy of group health insurance which covers those
employees, the policy must contain a provision which permits:

(a) An employee to elect
to continue identical coverage under the policy, excluding coverage provided
for eye or dental care, if:

(1) His employment
is terminated for any reason other than gross misconduct; or

(2) The number of
his working hours is reduced so that he ceases to be eligible for coverage.

(b) The spouse or
dependent child of an employee to elect to continue coverage, excluding
coverage provided for eye or dental care, if:

(1) The employees
employment is terminated for any reason other than gross misconduct or the
number of his working hours is reduced so that he ceases to be eligible for
coverage;

(2) The employee
dies;

(3) The employee
and his spouse are divorced or legally separated;

(4) The dependent
child ceases to be eligible for coverage under the terms of the policy; or

(5) The spouse
ceases to be eligible for coverage after becoming eligible for Medicare.

2. The period of
continued coverage is limited to:

(a) Eighteen months for
an employee.

(b) Thirty-six months for
an employees spouse or dependent child.

3. An employee who
voluntarily leaves his employment, or the spouse or dependent child of that
employee, is not eligible to continue coverage pursuant to this section.

4. An employee,
spouse or dependent child who has not been covered under any group policy of the
employer for at least 12 consecutive months before the termination of his
coverage is not eligible to continue coverage pursuant to this section.

Sec. 3. 1. An employee, spouse or dependent child shall
notify the employer that he is eligible to continue his coverage pursuant to
section 2 of this act not later than 60 days after he becomes eligible to do
so.

2. The employer
shall, within 14 days after receipt of the notification given pursuant to
subsection 1, provide adequate information to the employee, spouse or dependent
child regarding the election to continue coverage and the premium required to
be paid.

3. If the
employee, spouse or dependent child elects to continue coverage, he shall
notify the insurer of his election and pay to the insurer the premium required
by section 4 of this act within 60 days after receipt of the information
provided pursuant to subsection 2.

Sec. 4. 1. Any person who elects to continue coverage
pursuant to section 2 of this act shall pay the premium for that coverage in an
amount not to exceed 125 percent of the premium charged to the employer by the
insurer on the date on which that person became eligible for continued
coverage.

2. If there is a
change in the rate charged or benefits provided under the policy during the
time of continued coverage, the premium may not exceed 125 percent of the new
rate charged to the employer.

3. The premiums
must be paid to the insurer on a quarterly basis.

4. If the payment
of a premium is not received by the insurer within 30 days after the date on
which it is due, continued coverage must be terminated.

Sec. 5. If an employer changes his insurer during a period of a
persons continued coverage, the new insurer shall provide continued coverage
for that person for the remainder of the continuation period.

Sec. 6. Continued coverage pursuant to section 2 of this act ceases
before the end of the period provided in that section if:

1. The employer
discontinues group health insurance for his employees;

2. The employee,
spouse or dependent child fails to pay the required premiums;

3. The employee,
spouse or dependent child becomes covered under any other policy of group
health insurance;

4. The employee or
spouse qualifies for Medicare; or

5. The spouse
remarries and becomes eligible for coverage under the new spouses policy of
group health insurance.

Sec. 7. NRS 689B.240 is hereby
amended to read as follows:

689B.240 The insurer may continue
coverage identical to that provided under the group policy instead of issuing a
converted polity. Coverage may be offered by amending the group certificate or
by issuing an individual policy and , except as
otherwise provided in sections 2 to 6, inclusive, of this act, must
otherwise comply with every requirement of NRS 689B.120 to 689B.240, inclusive.

Sec. 8. Chapter 695B of NRS
is hereby amended by adding thereto a new section to read as follows:

A group contract issued by a
corporation under the provisions of this chapter must contain a provision which
permits the continuation of coverage pursuant to sections 2 to 6, inclusive, of
this act.

Sec. 9. NRS 695B.259 is
hereby amended to read as follows:

695B.259 The medical service corporation
may continue coverage identical to that provided under the group contract
instead of issuing a converted contract. Coverage may be offered by amending
the group certificate or by issuing an individual contract and , except as otherwise provided in sections 2 to 6, inclusive,
of this act, must otherwise comply with every requirement of NRS
695B.251 to 695B.259, inclusive.

Sec. 10. Chapter 695C of NRS
is hereby amended by adding thereto a new section to read as follows:

Any policy of group insurance
to which an enrollee is entitled under a health care plan provided by a health
maintenance organization must contain a provision which permits the
continuation of coverage pursuant to sections 2 to 6, inclusive, of this act.

Sec. 11. This act becomes
effective on January 1, 1988.

________

κ1987
Statutes of Nevada, Page 2236κ

CHAPTER 806, AB 871

Assembly Bill No.
871Committee on Health and Welfare

CHAPTER 806

AN ACT relating to franchises by local
governments; eliminating the requirement that certain public utilities file a
petition signed by a majority of resident taxpayers to obtain a franchise or
the extension of a franchise; and providing other matters properly relating
thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 709.070 is
hereby amended to read as follows:

709.070 1. [An applicant must also file with the application, and
as a part thereof, if the franchise, right or privilege is to be exercised
within any unincorporated town in the county, a petition in writing, signed by
a majority of the resident taxpayers of the unincorporated town. The taxpayers
must be residents and owners of real property situated in the county, and
paying taxes upon that real property. If the street railway, electric light, heat
and power lines, gas and water mains, telegraph and telephone lines do not pass
through any unincorporated town, no petition need be filed with the application
for the franchise.

2.] Upon
the filing of the application, the board of county commissioners shall, at its
next regular meeting, cause notice of the application to be given. Before
notice is given, the applicant must deposit with the clerk of the board the
cost of publication of the notice, the amount to be fixed by the board of
county commissioners.

[3.]2. The notice must contain:

(a) The name of the [firm,
association, corporation,] person or persons making the
application.

(b) The nature, in general terms, of the franchise,
right or privilege applied for.

(c) The day when the hearing upon the
application will be held.

(d) A statement that all persons who have any
objections to the granting of the franchise, right or privilege must file their
objections, in writing, with the clerk of the board before the date of the
hearing, or must appear at the meeting and present their objections at that
time.

[4.]3. The notice must be published once [a]each week
for 4 consecutive weeks in a newspaper of general circulation published in the
county. If no newspaper is published in the county, notice must be given by the
posting of notices as provided in this section.

[5.]4. The clerk shall also cause three copies
of the notice to be posted in three public places nearest where the application
will take effect, and if more than one unincorporated town is affected, the
notice must be posted in three public places in each of the incorporated towns.

(a) Before the next regular meeting of the board
of county commissioners at which the application is considered; or

(b) At least 10 days before a hearing on the
application is held.

[7.]6. Proof of the notice must be made by the
clerk of the board before the hearing in the matter proceeds, and the proof
must become a part of the record of the proceedings.

Sec. 2. NRS 709.090 is hereby
amended to read as follows:

709.090 If, upon full consideration of
all the facts, the board of county commissioners determines that [a majority of the resident taxpayers, as provided in
NRS 709.070, have signed the petition and desire the franchise allowed,]the granting of the franchise is in the best interests
of the residents of the county, the board shall fix the terms and
prescribe the conditions under which the franchise is to be granted, the
character or kinds of service to be rendered, the maximum rates to be charged
for the service, and such other matters as may be properly connected therewith,
and shall thereupon grant [such]the franchise subject to such terms and conditions.

Sec. 3. NRS 709.190 is
hereby amended to read as follows:

709.190 [1.] Any
person [, association or corporation]
engaged in the business of supplying electric light, heat or power within two
or more counties of this state, and who desires to extend the business into any
other county or counties, may obtain a franchise to construct, install, operate
and maintain electric light, heat and power lines, and all necessary or proper
appliances used in connection therewith, or appurtenant thereto, in or over the
streets, alleys, avenues, and other places, in any unincorporated town, and
along the public roads and highways, in any other county or counties, by filing
with the board of county commissioners of the county or counties, respectively,
within which the franchise is to be exercised an application, in writing,
setting forth:

[(a)]1. The name of the applicant, the counties
in which the applicant is operating, and the time for which the franchise is
desired, not exceeding 50 years.

[(b)]2. The places where the franchise, right
or privilege is to be exercised in the county.

[2. If the
franchise is to be exercised, in whole or in part, within any unincorporated
town in the county, the applicant must also file with the application a
petition in writing, signed by a majority of the resident taxpayers of the
unincorporated town.]

Sec. 4. NRS 709.210 is
hereby amended to read as follows:

709.210 If, upon the hearing of the
application, it appears to the satisfaction of the board of county
commissioners that the applicant is engaged in the business of furnishing
electric light, heat or power within two or more counties of this state and [, if the franchise is to be exercised, in whole or in
part, within any unincorporated town in the county, that a majority of the
resident taxpayers of the town has signed the petition and desire the franchise
to be allowed,]that the granting of the
franchise is in the best interests of the
residents of the county, the board of county commissioners shall thereupon
grant the franchise for a term not exceeding 50 years.

the best interests of the residents
of the county, the board of county commissioners shall thereupon grant
the franchise for a term not exceeding 50 years.

________

CHAPTER 807, SB 396

Senate Bill No.
396Committee on Finance

CHAPTER 807

AN ACT relating to the department of
prisons; requiring deductions from an offenders account for medical costs of
the department; requiring the director of the department to establish systems
for the classification and evaluation of offenders; permitting a pharmacy in an
institution of the department to dispense a controlled substance without a
physicians order for the lethal injection of an offender sentenced to death;
and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 209.246 is
hereby amended to read as follows:

209.246 The [board
shall]director shall, with the approval
of the board, establish by regulation criteria for a reasonable
deduction from money credited to the account of an offender to [repay]:

1. Repay the
cost of:

[1.](a) State property willfully damaged or destroyed
by the offender during his incarceration.

[2.](b) Medical treatment for injuries inflicted by
the offender upon himself or others.

[3.](c) Searching for and apprehending the offender
when he escapes or attempts to escape.

[4.](d) Quelling any riot or other disturbance in
which the offender is unlawfully involved.

2. Defray the
costs paid by the department for medical care for the offender.

Sec. 2. NRS 209.341 is
hereby amended to read as follows:

209.341 The director shall [assign]:

1. With the
approval of the board, establish a system of initial classification and
evaluation for offenders who are committed to him for evaluation by the
department or sentenced to imprisonment in the state prison; and

2. Assign every
person who is committed to him for evaluation by the department or who is
sentenced to imprisonment in the state prison to an appropriate institution or
facility of the department. The assignment must be based on an evaluation of
the offenders records, particular needs and requirements
for custody . [requirements.]

(d) [Date]The offenders record of conviction, including the date of
sentence, name of the judge passing sentence, county from which sentenced, [the] crime charged, date of
incarceration, term of imprisonment [,]and expiration date of minimum and maximum terms
of imprisonment.

(e) Such other desirable or pertinent
information as may be necessary.

3. Maintain a comprehensive record of the
behavior of each offender reflecting his accomplishments and progress as well
as charges of infractions of regulations, punishments imposed and medical
services rendered.

Sec. 4. NRS 453.377 is
hereby amended to read as follows:

453.377 A controlled substance may be
dispensed by:

1. A registered pharmacist upon a legal
prescription from a practitioner or to an institutional pharmacy upon the
written order of the prescribing practitioner in charge.

2. An institutional pharmacy, in case of
emergency, upon a written order signed by the chief medical officer.

3. A practitioner or a physicians
assistant if authorized by the board.

4. A registered nurse, when the state,
county, city or district health officer has declared a state of emergency.

5. A medical intern in the course of his
internship.

6. A registered nurse who holds a
certificate from the state board of nursing and a certificate from the state
board of pharmacy permitting him to dispense controlled substances.

7. A pharmacy in
an institution of the department of prisons to a person designated by the
director of the department of prisons to administer a lethal injection to a
person who has been sentenced to death.

________

κ1987
Statutes of Nevada, Page 2240κ

CHAPTER 808, AB 395

Assembly Bill No.
395Committee on Judiciary

CHAPTER 808

AN ACT relating to support for children;
revising the procedures for the withholding of income; requiring the
appointment of a master in certain cases; requiring payment towards arrearages;
eliminating limitations on actions to enforce orders for support; authorizing
the assignment of wages; providing a penalty; and providing other matters
properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 31A of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 13,
inclusive, of this act.

Sec. 2. 1. If
an employer wrongfully refuses to honor a notice to withhold wages and
commissions or knowingly misrepresents the income of an employee, the district
attorney may apply for and the court may issue an order directing the employer
to appear and show cause why he should not be subject to the penalty prescribed
in subsection 2 of NRS 31A.120.

2. At the hearing
on the order to show cause the court, upon a finding that the employer
wrongfully refused to honor the notice to withhold or knowingly misrepresented
an employees income:

(a) May order the
employer to comply with the notice to withhold wages and commissions;

(b) May order the
employer to provide accurate information concerning the employees income;

(c) May fine the employer
pursuant to subsection 2 of NRS 31A.120; and

(d) Shall require the
employer to pay the amount the employer failed or refused to withhold from the
responsible parents salary.

Sec. 3. The
county clerks may collect and disburse withholdings pursuant to NRS 31A.020 to
31A.230, inclusive, and sections 2 and 3 of this act.

Sec. 4. In
any proceeding in which the court orders a parent to pay any amount for the
support of a child, the court may also order the parent to assign to the person
entitled to the payment of support, or that persons legal representative, that
portion of the wages or commissions of the parent which are due or to become
due and are sufficient to pay the amount ordered by the court for the support.

Sec. 5. 1. The
court shall order the responsible parent who is subject to a previous order for
support of a child, to make an assignment of his wages or commissions, due or
to become due, upon application in writing, verified by the person entitled to
the support, that the responsible parent is delinquent in paying support in an
amount equal to the amount he was ordered to pay as support for a 30-day
period.

2. Within 10 days
after the court has entered its order, the person entitled to the support or
his legal representative, shall send notice by certified mail to the last known
address of the responsible parent, advising him
that the assignment will go into effect 15 days after the day on which the
notice was sent.

him that the assignment will go into
effect 15 days after the day on which the notice was sent.

3. The responsible
parent may, at any time before the assignment goes into effect, request a
hearing before the court on the issue of whether the assignment should be made.
If the court receives a request, it shall schedule a hearing and stay the
effect of the assignment until after the hearing. If the responsible parent
establishes at the hearing that payments were made substantially at the times
and in amounts required by the order of the court, the court shall rescind its
order of assignment.

4. An assignment
pursuant to this section becomes effective:

(a) Fifteen days after
the mailing of the notice by the applicant if the responsible parent has not
requested a hearing; or

(b) When the court issues
its decision after a hearing if it finds that the responsible parent has not
complied with the order which awarded support.

5. If the
assignment becomes effective, costs and attorneys fees may be assessed against
the responsible parent.

Sec. 6. NRS
31A.160 applies to all assignments of wages pursuant to sections 4 to 13,
inclusive, of this act. The assignment:

1. Must be
calculated in accordance with NRS 31.295.

2. May include the
amount of the current support due and a payment on the arrearages if previously
ordered by a court of competent jurisdiction.

Sec. 7. 1. An
order for an assignment issued pursuant to sections 4 to 13, inclusive, of this
act, operates as an assignment and is binding upon any existing or future
employer of the responsible parent upon whom a copy of the order is served by
certified mail, return receipt requested. The order may be modified or revoked
at any time by the court.

2. For the purpose
of enforcing the obligation for support, the employer shall cooperate with and
provide relevant information concerning the responsible parents employment to
the person entitled to the support or that persons legal representative. A
disclosure made in good faith pursuant to this subsection does not give rise to
any action for damages for the disclosure.

3. If the order
for support is amended or modified, the person entitled to the payment of
support or that persons legal representative shall notify the employer of the
responsible parent to modify the amount to be withheld accordingly.

4. To reimburse
him for his costs in making the payment pursuant to the assignment, the
employer may deduct $3 from the amount paid to the responsible parent each time
he makes a payment.

5. If an employer
wrongfully refuses to honor an assignment or knowingly misrepresents the income
of an employee, the court, upon request of the person entitled to the support
or that persons legal representative, may enforce the order of assignment in
the manner provided for the enforcement of a notice to withhold in section 2 of
this act.

6. Compliance by
an employer with an order of assignment operates as a discharge of the
employers liability to the employee as to that portion of the employees wages
or commissions affected.

Sec. 8. An
employer may not use assignments of wages and commissions for payments to
collect an obligation of support as a basis for the discharge of an employee or
for disciplinary action against the employee. An employer who discharges or
disciplines an employee in violation of this section shall reinstate the
employee with no loss of pay or benefits, is liable for any payments of support
not paid and shall be fined $1,000. If an employee prevails in an action for
reinstatement based on this section, the employer is liable, in an amount of
not less than $2,500, for payment of the employees costs and attorneys fees
incurred in that action.

Sec. 9. In
any proceeding where a court makes or has made an order of assignment of wages
or commissions for the payment of support of a child to a parent receiving
welfare payments for the maintenance of minor children, the court shall direct
that payments made pursuant to the assignment be made to the welfare division.
The district attorney may appear in any proceeding to enforce that order.

Sec. 10. 1. The
parent to whom support is ordered to be paid by assignment of wages or
commissions shall notify the court and the employer of the responsible parent
by any form of mail requiring a return receipt, of any change of address within
a reasonable time after that change.

2. If the employer
or the legal representative of the person entitled to the payment for support
is unable to deliver payments as required pursuant to sections 4 to 13,
inclusive, of this act, within 3 months because of the failure of the person
entitled to the support to notify the employer or his legal representative of a
change of address, the employer or legal representative shall not make any
further payments pursuant to the assignment and shall return all undeliverable
payments to the employee.

Sec. 11. The
responsible parent may petition the court to terminate an order of assignment
of wages or commissions if:

1. The required
payments have been withheld and paid for 18 consecutive months to the person
entitled to the support; and

2. All arrearages
have been paid.

Sec. 12. 1. Money
may be withheld for support of a child pursuant to sections 4 to 13, inclusive,
of this act, from any money due the responsible parent as a pension, an
annuity, unemployment compensation, a benefit because of disability, retirement
or other cause or as a return of contributions and interest, or due to some
other person because of his death, from the state, a political subdivision of
the state or an agency of either, a public trust, corporations or board or a
system for retirement, disability or annuity established by a statute of this
state.

2. When a
certified copy of any order of assignment is served by certified mail, return
receipt requested, on any public entity described in subsection 1, other than
the Federal Government, it shall comply with any request for a return of
employee contributions by an employee named in the order by paying the
contributions to the person entitled to the payment of support or that persons
legal representative unless the entity has received a certified copy of an
order terminating the order of assignment. A court may not directly or
indirectly condition the issuance, modification or termination of, or condition the terms or conditions of, any order for the
support of a child upon the issuance of such a request by an employee.

or condition the terms or conditions
of, any order for the support of a child upon the issuance of such a request by
an employee.

Sec. 13. Upon
receipt of money paid pursuant to sections 4 to 13, inclusive, of this act, the
person entitled to the payment of support or that persons legal representative
shall, within 10 days after such receipt, send written notice of that fact to
the parties and the employer or agency withholding and transmitting the
assignment.

Sec. 14. NRS 31A.010 is
hereby amended to read as follows:

31A.010 As used in this chapter, unless
the context otherwise requires [, enforcing
authority]:

1. Court means
the district court.

2. Enforcing
authority means the welfare division [of
the department of human resources] or the district attorney.

3. Welfare
division means the welfare division of the department of human resources.

Sec. 15. NRS 31A.020 is
hereby amended to read as follows:

31A.020 [1.] If
a responsible parent is [30 days delinquent in
making a payment for]delinquent in paying
the support of a child [as ordered by a
court, the person]in an amount equal to
the amount he has been ordered to pay for a 30-day period:

1. And the case is
on file with the enforcing authority, the enforcing authority shall initiate
the procedure for the withholding of income pursuant to this chapter.

2. The person to
whom support is owed may [apply:

(a) If he is receiving
public assistance, to the welfare division of the department of human resources
or to the district attorney of the county or Carson City where the applicant
resides; or

(b) In all other cases,
to the district attorney only,

to obtain withholding of income.

2. The application
must contain:

(a) A certified copy of
the order for support from a court of competent jurisdiction;

(b) A sworn statement by
the person to whom support is owed specifying:

(1) That the
payment is at least 30 days delinquent;

(2) The amount of
the current support payments and the amount of the arrearages; and

(3) That he has
physical custody of the child for whom support is sought.]file a notice of the delinquency with the enforcing authority
to obtain withholding of income.

Sec. 16. NRS 31A.030 is
hereby amended to read as follows:

31A.030 1. The
amount to be withheld [:

1. Must]must be calculated in accordance with NRS 31.295 [; and

2. May include the]and must include:

(a) The amount of
the current support due [and a payment on the
arrearages if previously ordered by a court of competent jurisdiction.]plus:

(1) An amount
equal to 10 percent of the amount of the current periodic
or other payment ordered for support, to be applied to satisfy arrearages, if
any; or

periodic or other payment ordered for
support, to be applied to satisfy arrearages, if any; or

(2) If the court
has previously ordered the payment of arrearages in a specified manner, the
amount so ordered; or

(b) If the child is
emancipated, arrearages as provided in section 35 of this act, until the
arrearages are paid in full.

2. If there is
more than one notice for withholding against the same responsible parent, the
enforcing authority shall allocate the amount available from withholding among
those persons entitled to it pursuant to the notices for withholding:

(a) Giving priority to an
obligation for current support; and

(b) Except as provided in
paragraph (a), in the proportion that the amount owed any one person bears to
the total amount owed to all persons entitled to withholding.

Sec. 17. NRS 31A.040 is
hereby amended to read as follows:

31A.040 [Upon
receipt of the completed application,]When
the enforcing authority becomes aware that a responsible parent is delinquent
in making a payment for support of a child as ordered by a court, the
enforcing authority shall notify the responsible parent by certified mail to
his last known address, return receipt requested:

1. That he is delinquent;

2. Of the amount of the arrearages:

3. Of the amount
to be withheld from his wages or commissions to pay current support and the
amount to be withheld to pay arrearages:

4. That the notice
for withholding applies to any current or subsequent employer;

5. That a
notice to withhold from his wages and commissions will be mailed to his
employer 10 days after the date of the mailing to him of the notice of
delinquency, unless he contests it;

[4.]6. That he may contest the withholding;
and

[5.]7. Of the grounds and procedures for
contesting it.

Sec. 18. NRS 31A.050 is
hereby amended to read as follows:

31A.050 1. If the
responsible parent, within [10]15 days after the notice of delinquency is mailed to
him , requests a hearing to contest the
withholding, the enforcing authority shall apply for a hearing before the
court, unless the authority determines that withholding is not required . [or unless the
responsible parent pays the amount of the arrearages.]

2. The responsible parent may contest the
withholding on the following grounds:

(a) That the court which issued the order for
support lacked personal jurisdiction over him;

(b) That there is a mistake of fact as to:

(1) Whether the responsible parent has
been delinquent [for 30 days;]in an amount equal to the amount he has been ordered to pay as
support for a 30-day period;

(d) That the statute of limitations
precludes the recovery of all or a part of the arrearages.]

No other issues or defenses may be presented to the court.

Sec. 19. NRS 31A.060 is
hereby amended to read as follows:

31A.060 1. If the court
determines that:

(a) The court that issued the order of support
lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it
shall issue an order to prevent the withholding.

(b) [The statute
of limitations precludes all or part of the arrearages, it may issue an order
to allow withholding of income excluding those arrearages.

(c)] An
order of support is valid [,]and there is no fraud or mistake of fact, [and the statute of limitations is not applicable,]
it shall order the enforcing authority to proceed with the withholding [.]and order, if
appropriate, a specific amount to be withheld and applied to arrearages
pursuant to NRS 31A.030.

2. The court shall make its decision
within 45 days after the notice of the delinquency is mailed to the responsible
parent.

3. If the court orders the enforcing
authority to proceed with the withholding, it may assess costs and attorneys
fees against the responsible parent.

4. The enforcing
authority shall give written notice to the responsible parent. The notice may
contain:

(a) The decision of the
court;

(b) The beginning date of
any withholding ordered by the court; and

(c) A summary of the
information which was given to the employer in the notice required by NRS
31A.070.

Sec. 20. NRS 31A.070 is
hereby amended to read as follows:

31A.070 1. The enforcing
authority shall mail, by certified mail, return receipt requested, a notice to
withhold wages and [income]commissions to the responsible parents employer, 10
days after notice of the delinquency was mailed to the responsible parent or,
if the responsible parent contests the notice, at the order of the court.

2. The notice of withholding [shall state]must:

(a) Specify the
amount to be withheld from the wages and commissions of the responsible parent [.];

(b) Specify the amount of
the fee authorized in NRS 31A.090 for the employer;

(c) Describe the
limitation for withholding of wages and commissions prescribed in NRS 31.295;

(d) Describe the
prohibition against terminating the employment of a responsible parent because
of withholding and the penalties for wrongfully refusing to withhold pursuant
to the notice of withholding;

(e) Specify that,
pursuant to NRS 31A.160, the withholding of wages and commissions to enforce an
order of a court for child support has priority over other proceedings against
the same money; and

(f) Explain the duties of
an employer upon the receipt of the notice to withhold.

Sec. 21. NRS 31A.080 is
hereby amended to read as follows:

31A.080 An employer who receives a notice
to withhold wages and [income]commissions shall:

1. Withhold the amount stated in the
notice from the wages and commissions due the responsible parent [; and]beginning
with the first pay period that occurs within 14 days after the date the notice
was mailed to the employer and continuing until the enforcing authority notifies
him to discontinue the withholding;

2. Deliver the money withheld to the
enforcing authority [.]or the county clerk, if appropriate, within 10 days after the
date of each payment of the regularly scheduled payroll of the employer; and

3. Notify the
enforcing authority when the responsible parent subject to withholding
terminates his employment, and provide the responsible parents last known
address and the name of any new employer of that parent, if known.

Sec. 22. NRS 31A.090 is
hereby amended to read as follows:

31A.090 1. A notice to
withhold wages and commissions is binding upon any employer of the responsible
parent to whom it is mailed. To reimburse him for his costs in making the
withholding, the employer may deduct $3 from the amount paid the responsible
parent each time he makes a withholding.

2. If an employer
withholds wages and commissions of more than one employee, he may pay the
enforcing authority the amounts withheld with one check, but he shall attach to
the check a statement identifying each responsible parent for whom payment is
made and the amount transmitted for that parent.

3. The
employer shall cooperate with and provide relevant information to the enforcing
authority as necessary to enable it to enforce the obligation of support. A
disclosure made in good faith pursuant to this subsection does not give rise to
any action for damages resulting from the disclosure.

Sec. 23. NRS 31A.110 is
hereby amended to read as follows:

31A.110 The enforcing authority may,
pursuant to [this chapter,]NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of
this act, collect, by withholding, an obligation for support of a spouse
or a former spouse under a valid order of a court, if the enforcing authority
is also collecting support for a child of that spouse or former spouse from the
same responsible parent and the child resides with the spouse or former spouse
for whom the obligation of support is being collected.

Sec. 24. NRS 31A.120 is
hereby amended to read as follows:

31A.120 1. It is unlawful
for an employer to use the withholding of wages and commissions to collect an
obligation of support as a basis for discharging the employee or for
disciplinary action against him. Any employer who violates this section shall
reinstate the employee with no loss of pay or benefits, is liable for any
payments of support not withheld, and shall be fined $1,000. If an employee prevails in an action for reinstatement based on this section, the employer is liable, in an amount not
less than $2,500, for payment of the employees costs and attorneys fees
incurred in that action.

based on this section, the employer
is liable, in an amount not less than $2,500, for payment of the employees
costs and attorneys fees incurred in that action.

2. If an employer wrongfully refuses to
withhold from the wages and commissions of a responsible parent as required in
the notice of withholding from the enforcing authority [,]or knowingly misrepresents the income of the employee, he
shall pay [that amount]the amount he refused to withhold to the enforcing authority
[.]and may
be ordered to pay punitive damages to the person to whom support is owned in an
amount not to exceed $1,000 for each pay period he failed to honor the order of
withholding or knowingly misrepresented the income of the employee.

Sec. 25. NRS 31A.150 is
hereby amended to read as follows:

31A.150 1. Money may be
withheld for support of a child pursuant to [this
chapter]NRS 31A.020 to 31A.230,
inclusive, and sections 2 and 3 of this act, from any money due the
responsible parent as a pension, an annuity, unemployment compensation, a
benefit because of disability, retirement or other cause or as a return of
contributions and interest, or due to some other person because of his death,
from the state, a political subdivision of the state or an agency of either, a
public trust, corporation or board or a system for retirement, disability or
annuity established by a statute of this state.

2. When a certified copy of the notice to
withhold income is delivered by certified mail, return receipt requested, to a
public entity described in subsection 1, it shall comply with the request and
pay the amounts withheld as required in the notice to the enforcing authority.

Sec. 26. NRS 31A.170 is
hereby amended to read as follows:

31A.170 The enforcing authority shall,
upon the request of the responsible parent, notify his employer to discontinue
withholding if [the]:

1. The required
payments have been withheld and paid for 18 consecutive months to the parent
for whom support is being collected [.]; and

2. All arrearages
have been paid.

Sec. 27. NRS 31A.200 is
hereby amended to read as follows:

31A.200 1. The enforcing
authority shall release information concerning a responsible parents failure
to pay support for a child to an agency of the kind defined in 15 U.S.C. §
1681a(f) at its request, except that:

(a) If the amount of the delinquent payment is
less than $1,000, the release of the information is at the discretion of the
enforcing authority; and

(b) The information may be given to the agency
only after notice of the proposed disclosure has been sent to the responsible
parent and he has had 20 days to correct the information.

2. The enforcing authority shall collect
from the requesting agency a fee not to exceed the actual cost of providing the
information.

3. The welfare
division shall adopt regulations prescribing the content of the notice of the
proposed disclosure and establishing procedures for the responsible parent to
correct any of the information to be disclosed.

31A.220 1. The enforcing
authority shall issue a notice of delinquency and proceed to collect an
obligation for support of a child by withholding pursuant to [this chapter]NRS
31A.020 to 31A.230, inclusive, and sections 2 and 3 of this act, upon
the request of an agency responsible for the enforcement of orders for support
of a child in another county or jurisdiction.

2. The request must include:

(a) A certified copy of the order for support
with any modifications;

(b) A certified copy of an order to withhold
wages and commissions, if any, still in effect;

(c) A copy of the portion of the statute of that
jurisdiction authorizing the withholding of wages and commissions, stating the
requirements for withholding wages and commissions;

(d) A sworn statement of the parent to whom
payments of support are ordered or a certified statement of the agency of the
amount delinquent and any assignment of the parents right to support; and

(e) A statement of:

(1) The name, address and social security
number of the responsible parent, if known;

(2) The name and address of the employer
of the responsible parent or of any source of wages, commissions or other
income derived in this state against which withholding is sought; and

(3) The name and address of the agency to
whom payments of support collected by withholding must be transmitted.

3. If the documentation received by the
enforcing authority does not conform to the requirements of subsection 2, it
shall remedy the defect, if possible, without the assistance of the requesting
agency. If the enforcing authority is unable to remedy the deficiencies, it
shall immediately notify the requesting agency of the necessary additions or
corrections. It shall not return the documentation. The enforcing authority
shall accept the documentation even if it is not in the usual form, if it
contains the required information.

4. Upon receipt of a request from an
agency in another county or jurisdiction, notice
must be sent to the responsible parent pursuant to NRS 31A.040. If he requests
a hearing, the enforcing authority shall notify the requesting agency of the
date, time and place of the hearing and of the agencys or custodial parents
right to attend.

Sec. 29. Chapter 3 of NRS is
hereby amended by adding thereto the provisions set forth as sections 30 and 31
of this act.

Sec. 30. 1. In an action to establish paternity the court
may appoint a master to take testimony and recommend orders.

2. The court shall
appoint a master to hear all cases in a county to establish or enforce an
obligation for the support of a child unless the district attorney obtains an
exemption pursuant to subsection 5.

3. The master must
be an attorney licensed to practice in this state. The master:

(b) In complex cases may
issue temporary orders for support pending resolution of the case;

(c) Shall make findings
of fact, conclusions of law and recommendations for the establishment and
enforcement of an order;

(d) May accept voluntary
acknowledgments of paternity or liability for support and stipulated agreements
setting the amount of support;

(e) May, subject to
confirmation by the district court, enter default orders against a responsible
parent who does not respond to a notice or service within the required time;
and

(f) Has any other power
or duty contained in the order of reference issued by the court.

4. The findings of
fact, conclusions of law and recommendations of the master must be furnished to
each party or his attorney at the conclusion of the proceeding or as soon
thereafter as possible. Within 10 days after receipt of the findings of fact,
conclusions of law and recommendations, either party may file with the court
and serve upon the order party written objections to the report. If no
objection is filed, the court shall accept the findings of fact, unless clearly
erroneous, and the judgment may be entered thereon. If an objection is filed
within the 10-day period, the court shall review the matter upon notice and
motion.

5. The welfare
division may exempt any county from the requirements of subsection 2 upon
application to the welfare division by the district attorney of that county.
The exemption must comply with the requirements of the Federal Government
concerning proceedings for the collection of an obligation of support.

Sec. 31. To the extent necessary to comply with the requirements of the
Federal Government concerning the enforcement of the obligation of support of a
child, to avoid jeopardizing the receipt by the welfare division of money from
the Federal Government and to avoid subjecting the welfare division to other
sanctions by the Federal Government, the disposition of cases to establish or enforce
an obligation for support of a child must:

1. Be 90 percent
completed within 90 days after service of the notice of the proceedings;

2. Be 98 percent
completed within 6 months after the service of the notice of the proceedings;
and

3. Be completed
within 1 year after the service of the notice of the proceeding.

Sec. 32. NRS 21.010 is
hereby amended to read as follows:

21.010 [As
prescribed in this chapter,]Except as
otherwise provided in NRS 126.263 for enforcement of a judgment for support of
a child, the party is whose favor judgment is given may, at any time
within 6 years after the entry thereof, obtain the issuance of a writ of
execution for its enforcement [.]as prescribed in this chapter. The writ ceases to be
effective 6 years after entry of the judgment.

125.450 1. No
court may grant a divorce, separate maintenance or annulment under this chapter
[wherein],
if there are one or more minor children residing in this state [,]who are the
issue of the relationship, without first providing for the medical and other
care, support, education and maintenance of those children.

2. Every order for
the support of a child must include notice to the parent responsible for paying
support that he is subject to NRS 31A.020 to 31A.230, inclusive, and sections 2
and 3 of this act regarding the withholding of wages and commissions for
delinquent payments of support.

Sec. 34. Chapter 126 of NRS
is hereby amended by adding thereto the provisions set forth as sections 35 and
36 of this act.

Sec. 35. A parent who, at the time the child becomes emancipated, is
delinquent in the payment of support for that child pursuant to an order of a
court for support, shall continue to make the payments for the support as
previously ordered until the arrearages are paid.

Sec. 36. 1. If an order issued by a court of this or any
other state, or pursuant to an expedited process, provides for the payment for
support of a child, that order is a judgment by operation of law on or after
the date the payment is due. Such a judgment may not be retroactively modified
and may be enforced as other judgments of this state.

2. Payments for
support of a child pursuant to an order of a court or an order issued pursuant
to an expedited process which have not accrued at the time either party gives
notice that he has filed a motion for modification may be modified by the court
upon a showing of changed circumstances, whether or not the court has expressly
retained jurisdiction of the modification.

3. Except as
otherwise provided in subsection 5, before execution for enforcement of a
judgment for support of a child, the person seeking to enforce the judgment
must send a notice by certified mail, return receipt requested, to the
responsible parent:

(a) Specifying the name
of the court that issued the order for support and the date of its issuance;

(b) Specifying the amount
of arrearages accrued under the order;

(c) Stating that the
arrearages will be enforced as a judgment; and

(d) Explaining that the
responsible parent may, within 10 days after the notice is sent, ask for a
hearing before the court concerning the amount of the arrearages.

4. The matters to
be adjudicated at a hearing are limited to a determination of the amount of the
arrearages and the jurisdiction of the court or the governmental entity issuing
the order pursuant to an expedited process. At the hearing, the court shall
take evidence and determine the amount of the judgment and issue its order for
that amount.

5. If the amount of
the judgment for arrearages has been determined by a court of this or any other
state or pursuant to an expedited process, no further notice to the responsible
parent is necessary for execution for enforcement of that judgment.

6. As used in this
section, expedited process means a judicial or administrative procedure
established by any state or territory or the District of Columbia to facilitate
the collection of an obligation for the support of a child.

Sec. 37. NRS 126.071 is
hereby amended to read as follows:

126.071 1. A child, his
natural mother, a man presumed or alleged to be his father or an interested
third party may bring an action pursuant to this chapter to declare the
existence or nonexistence of the father and child relationship.

2. If an action under this section is
brought before the birth of the child, all proceedings must be stayed until
after the birth, except service of process and the taking of depositions to
perpetuate testimony.

3. Upon the
request of any of the persons listed in subsection 1, the district attorney
shall take such action as is necessary to establish the parentage of a child.

Sec. 38. NRS 126.161 is
hereby amended to read as follows:

126.161 1. The judgment or
order of the court determining the existence or nonexistence of the parent and
child relationship is determinative for all purposes.

2. If the judgment or order of the court
is at variance with the childs birth certificate, the court shall order that a
new birth certificate be issued as provided in NRS 440.270 to 440.340,
inclusive.

3. If the child is a minor residing in
this state, the judgment or order must provide for his support [.]and must
include a notice to the parent responsible for paying support that the responsible
parent is subject to NRS 31A.020 to 31A.230, inclusive, and sections 2 and 3 of
this act, regarding the withholding of wages and commissions for delinquent
payments of support.

4. The judgment or order may contain any
other provision directed against the appropriate party to the proceeding,
concerning the duty of support, the custody and guardianship of the child,
visitation privileges with the child, the furnishing of bond or other security
for the payment of the judgment, or any other matter in the best interest of
the child.

5. The judgment or order may direct the
father to pay the reasonable expenses of the mothers pregnancy and
confinement. The court may limit the fathers liability for past support of the
child to the proportion of the expenses already incurred which the court deems
just.

Sec. 39. NRS 126.191 is
hereby amended to read as follows:

126.191 [The]Except as otherwise provided in section 36 of this act,
the court has continuing jurisdiction to modify the judgment or order as
to custody, visitation or support . [, except that a court entering a judgment or order for
the payment of a lump sum or the purchase of an annuity as provided in NRS
126.267 may specify that the judgment or order may not be modified or revoked.]

Sec. 40. NRS 126.238 is
hereby amended to read as follows:

126.238 The provisions of NRS 126.238 to
126.281, inclusive, and sections
35 and 36 of this act, apply to all parents of all children, whether or not
legitimated.

sections 35 and 36 of this act, apply
to all parents of all children, whether or not legitimated.

Sec. 41. NRS 126.263 is
hereby amended to read as follows:

126.263 [Any]

1. If there is no
court order for support, any demand in writing to [the parent or parents]a parent not having physical custody for payment of
support on behalf of a minor child, mailed to the last known address of the
parent , [or
parents,] tolls the running of the statute of limitations for the
bringing of an action for that support.

2. A motion for
relief after judgment and an independent action to enforce a judgment for
support of a child may be commenced at any time.

3. If a court has
issued an order for the support of a child, there is no limitation on the time
in which an action may be commenced to:

(a) Collect arrearages in
the amount of that support; or

(b) Seek reimbursement of
money paid as public assistance for that child.

Sec. 42. NRS 126.381 is
hereby amended to read as follows:

126.381 1. The district
attorney of the county of residence of the child or a
nonsupporting parent shall take such action as is necessary to establish
parentage of the child and locate and take legal action against a deserting or
nonsupporting parent of the child when requested to do so by the custodial
parent or a public agency which provides assistance to the parent or child. If
the court for cause transfers the action to another county, the clerk of the
receiving court shall notify the district attorney of that county , and that district attorney shall proceed to prosecute
the cause of action and take such further action as is necessary to establish
parentage and the obligation of support [.]and to enforce the payment of support pursuant to this
chapter or chapter 31A or 130 of NRS.

2. In a county where the district
attorney has deputies to aid him in the performance of his duties, [such]the
district attorney shall designate himself or a particular deputy as responsible
for performing the duties imposed by subsection 1.

3. The district attorney and his deputies
do not represent the parent or the child in the performance of their duties
pursuant to this chapter, but are rendering a public service as representatives
of the state.

4. [Subject
to the exceptions]Except as otherwise
provided in subsections 5 and 6, a privilege between lawyer and client
arises between the parent or child to whom the public service is rendered and
the district attorney.

5. Officials of the welfare division of
the department of human resources are entitled to access to the information
obtained by the district attorney if that information is relevant to the
performance of their duties. The district attorney or his deputy shall inform
each person who provides information pursuant to this section concerning the limitations
on the privilege between lawyer and client under these circumstances.

6. Disclosures of criminal activity by a
parent or child are not privileged.

130.115 [1.] Jurisdiction
of any proceeding under this chapter is vested in the district court.

[2. The
district court may appoint any person qualified by education, experience and
training as a master to hear cases brought under this chapter. The master has
the powers granted to special masters under Rule 53 of the Nevada Rules of
Civil Procedure or local district court rules.]

Sec. 44. NRS 130.220 is
hereby amended to read as follows:

130.220 1. If the responding
court finds a duty of support, it may order the obligor to furnish support or
reimbursement therefor and subject the property of the obligor to [such]that order.
Support orders made pursuant to this chapter [shall
require]must:

(a) Include a notice that
the responsible parent is subject to NRS 31A.020 to 31A.230, inclusive, and
sections 2 and 3 of this act, for the mandatory withholding of income for
delinquent payments of support; and

(b) Require that
payments be made to the clerk of the court of the responding state or other
appropriate agency or office.

2. If the
complaint is based upon an order of a court for support of a child that is
delinquent in an amount equal to the amount the responsible parent has been
ordered to pay as support for a 30-day period, the court shall issue an order
for withholding of wages and commissions pursuant to NRS 31A.060.

3. The
court and prosecuting attorney of any county in which the obligor is present or
has property have the same powers and duties to enforce the order as have those
of the county in which it was first issued. If enforcement is impossible or
cannot be completed in the county in which the order was issued, the
prosecuting attorney shall send a certified copy of the order to the
prosecuting attorney of any county in which it appears that proceedings to
enforce the order would be effective. The prosecuting attorney to whom the
certified copy of the order is forwarded shall proceed with enforcement and
report the results of the proceedings to the court first issuing the order.

Sec. 45. Chapter 425 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Each district
attorney, clerk of the court or county clerk who collects and disburses
payments for support of a child shall report to the division any information
required by the division regarding support for children, including information
concerning the collection and disbursements of support and the establishment of
paternity.

2. The
administrator shall adopt regulations prescribing the forms for, and the
arrangement of, the material to be submitted and the schedule for the reporting
of the required information.

Sec. 46. NRS 425.260 is
hereby amended to read as follows:

425.260 As used in NRS 425.260 to
425.440, inclusive, and section 45 of this act, unless
the context otherwise requires, the words and terms defined in NRS 425.270 to
425.330, inclusive, have the meanings ascribed to them in those sections.

425.360 1. Any payment of public assistance pursuant to this chapter
creates a debt for support to the division by the responsible parent, whether
or not the parent received prior notice that his child was receiving public
assistance. A debt for support created by a payment for assistance under
this chapter is an amount equal to the least of:

(a) The amount of assistance paid:

(b) The amount due under any court order for
support; or

(c) If there is no court order for support, or
if the court order provides that no support is due and the facts upon which the
order is based have changed, the amount due under the formula adopted by the
division by regulation or under any written agreement between the division and
a responsible parent.

2. The division is entitled to the amount
to which a dependent child or a person having the care, custody and control of
a dependent child would have been entitled for support and may prosecute or
maintain any action for support or execute any administrative remedy existing
under the laws of this state to obtain reimbursement of money expended for
public assistance. If a court enters judgment for an amount of support to be
paid by a responsible parent, the division is entitled to the amount of the
debt created by [such]that judgment to the extent of public assistance paid,
and the judgment awarded shall be deemed to be in favor of the division. This
entitlement applies but is not limited to a temporary order for spousal
support, a family maintenance order or an alimony order, whether or not
allocated to the benefit of the child on the basis of providing necessaries for
the caretaker of the child, up to the amount paid by the division in public
assistance to or for the benefit of a dependent child. The division may
petition the appropriate court for modification of its order on the same
grounds as a party to the action.

3. Debts for support may not be incurred
by a parent or any other person who is the recipient of public assistance for
the benefit of a dependent child for the period when the parent or other person
is a recipient.

Sec. 48. NRS 126.360 is
hereby repealed.

________

κ1987
Statutes of Nevada, Page 2255κ

CHAPTER 809, AB 731

Assembly Bill No. 731Committee
on Transportation

CHAPTER 809

AN ACT relating to transportation; making
various changes to the provisions governing motor carriers, brokers and
taxicabs; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 703.310 is
hereby amended to read as follows:

703.310 1. When a complaint
is made against any public utility, common or contract carrier or broker by any
person, that any of the rates, tolls, charges or schedules, or any joint rate
or rates are in any respect unreasonable or unjustly discriminatory, or that
any regulation, measurement, practice or act [affecting
or]directly relating to the
transportation of persons or property, including the
handling and storage of that property, or [any]the service of any broker in
connection therewith, or any regulation, measurement,
practice or act affecting or relating to the production, transmission or
delivery or furnishing of heat, light, gas, coal slurry, water or power, or any
service in connection therewith or the transmission thereof is, in any respect,
unreasonable, insufficient or unjustly discriminatory, or that any service is
inadequate, the division of consumer relations shall investigate the complaint.
After receiving the complaint, the division shall give a copy of it to the
public utility, carrier or broker against whom the complaint is made. Within a
reasonable time thereafter, the public utility, carrier or broker shall provide
the division with its written response to the complaint according to the
regulations of the commission.

2. If the division of consumer relations
is unable to resolve the complaint, the division shall transmit the complaint,
the results of its investigation and its recommendation to the commission. If
the commission determines that probable cause exists for the complaint, it
shall order a hearing thereof, give notice of the hearing and conduct the
hearing as it would any other hearing.

3. No order affecting a rate, toll,
charge, schedule, regulation, measurement, practice or act complained of may be
entered without a formal hearing unless the hearing is dispensed with as
provided in NRS 703.320.

Sec. 2. Chapter 706 of NRS is
hereby amended by adding thereto a new section to read as follows:

The authority of the commission
to supervise and regulate motor carriers and brokers respectively must be
exercised separately. A motor carrier is responsible only for his own acts and
those of his employees or agents who are not brokers. A broker is responsible
only for his own acts and those of his employees or agents who are not motor
carriers.

Sec. 3. NRS 706.011 is
hereby amended to read as follows:

706.011 As used in NRS 706.016 to
706.791, inclusive, and section 2 of this act, the words and terms defined in NRS 706.016 to
706.146, inclusive, have the meanings ascribed to them in those sections,
unless the context otherwise requires.

this act, the words and terms
defined in NRS 706.016 to 706.146, inclusive, have the meanings ascribed to
them in those sections, unless the context otherwise requires.

Sec. 4. NRS 706.156 is
hereby amended to read as follows:

706.156 1. All
common and contract motor carriers and brokers are hereby declared to be:

[1.](a) Affected with a public interest;

[2.](b) Subject to NRS 706.011 to 706.791, inclusive [; and

3.], and section 2 of this act; and

(c) Subject to the
laws of this state, including the regulation of [all]
rates, charges and services by the commission.

2. A purchaser or
broker of transportation services which are provided by a common motor carrier
who holds a certificate of public convenience and necessity may resell those
services, in combination with other services and facilities that are not
related to transportation, but only in a manner complying with the scope of
authority set forth in the certificate of the common motor carrier. The
commission shall not prohibit or restrict such a purchaser or broker from
reselling those transportation services to any person based upon that persons
affiliation, or lack of affiliation, with any group.

Sec. 5. NRS 706.163 is
hereby amended to read as follows:

706.163 The provisions of NRS 706.011 to
706.861, inclusive, and section 2 of this act, do
not apply to vehicles leased to or owned by:

1. The Federal Government or any
instrumentality thereof.

2. Any state or a political subdivision
thereof.

Sec. 6. NRS 706.166 is
hereby amended to read as follows:

706.166 The commission shall:

1. [Supervise]Subject to the limitation provided in section 2 of this
act, supervise and regulate every common and contract motor carrier and
broker in this state in all matters [affecting
the relationship between the carriers and brokers and the traveling and
shipping public]directly related to those
activities of the motor carrier and broker actually necessary for the
transportation of persons or property, including the handling and storage of
that property, over and along the highways.

2. Regulate for licensing purposes
private motor carriers of property when used for private commercial enterprises
on the highways.

3. To carry out the policies expressed in
NRS 706.151, adopt regulations providing for agreements between two or more
motor carriers relating to:

(a) Fares;

(b) Rates;

(c) Classifications;

(d) Divisions;

(e) Allowances; and

(f) Charges, including charges between carriers
and compensation paid or received for the use of facilities and equipment.

These regulations may not provide for collective agreements
which restrain any party from taking free and independent action.

(a) A common or contract motor carrier to
furnish any pass, frank, free or reduced rates for
transportation to any state, city, district, county or municipal officer of
this state or to any person other than those specifically enumerated in this
section.

(b) Any person other than those specifically
enumerated in this section to receive any such pass, frank, free or reduced rates for transportation.

2. This section does not prevent the
carriage, storage or hauling free or at reduced rates of property for
charitable purposes for the United States, the State of Nevada or any political
subdivision thereof.

3. This chapter does not prohibit any
common carrier from giving free or reduced rates for transportation of persons
to:

(a) Its own officers, commission agents [,]or
employees, or members of any profession licensed
under Title 54 of NRS retained by it, and members of their families.

(b) Inmates of hospitals or charitable institutions
and persons over 65 years of age.

(c) Persons who are physically handicapped or
mentally handicapped and who present a written statement from a physician to
that effect.

(d) Persons injured in accidents or wrecks and
physicians and nurses attending such persons.

(e) Persons providing relief in cases of common
disaster.

(f) Contractors and their employees, in carrying
out the provisions of any contract to which the carrier is a party.

(g) Attendants of livestock or other property
requiring the care of an attendant, who [shall]must be given return passage to the place of
shipment, [provided]if there is no discrimination among shippers of a similar
class.

(h) Officers, agents, employees [,]or
members of any profession licensed under Title 54 of NRS, together with members
of their families, who are employed by or affiliated with other common
carriers, [provided]if there is an interchange of such free or reduced [rate]rates for
transportation.

(i) Indigent, destitute or homeless persons when
under the care or responsibility of charitable societies, institutions or
hospitals, together with the necessary agents employed in such transportation.

(j) Students of institutions of learning.

4. This section does not prohibit common
motor carriers from giving free or reduced rates for the transportation of
property of:

(a) Their officers, commission agents [,]or
employees, or members of any profession licensed
under Title 54 of NRS retained by them, or pensioned or disabled former
employees, together with that of their dependents.

(b) Witnesses attending any legal investigations
in which such carriers are interested.

(c) Persons providing relief in cases of common
disaster.

(d) Contractors and their employees in carrying
out the provisions of any contract to which the carrier is a party.

5. This section
does not prohibit a common motor carrier or broker from giving free or reduced
rates for the transportation of groups of persons participating in a tour of an
area if the tour is for a purpose other than transportation.

6. This
section does not prohibit the commission from establishing reduced rates, fares
or charges for specified routes or schedules of any common motor carrier
providing transit service if the reduced rates, fares or charges are determined
by the commission to be in the public interest.

[6.]7. Employees, as used in this section,
includes:

(a) Furloughed, pensioned and superannuated
employees.

(b) Persons who have become disabled or infirm
in the service of such carriers.

(c) Persons who are traveling [for the purpose of entering]to enter the service of [any]
such a carrier.

(a) Operates a vehicle or causes it to be
operated in any carriage to which NRS 706.011 to 706.861, inclusive, apply
without first obtaining a certificate, permit or license, or in violation of
the terms thereof;

(b) Fails to make any return or report required
by NRS 706.011 to 706.861, inclusive, or by the commission or the department
under the terms of NRS 706.011 to 706.861, inclusive;

(c) Violates, or procures, aids or abets the
violating of, any provision of NRS 706.011 to 706.861, inclusive;

(d) Fails to obey any order, decision or
regulation of the commission or the department;

(e) Procures, aids or abets any person in his
failure to obey such an order, decision or regulation;

(f) Advertises, solicits, proffers bids or
otherwise holds himself out to perform transportation as a common or contract
carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive;

(g) Knowingly offers, gives, solicits or accepts
any rebate, concession or discrimination in violation of this chapter;

(h) Knowingly, willfully and fraudulently seeks
to evade or defeat the purposes of this chapter;

(i) Operates or causes to be operated a vehicle
which does not have the proper identifying device;

(j) Displays or causes or permits to be
displayed a certificate, permit, license or identifying device, knowing it to
be fictitious or to have been canceled, revoked, suspended or altered;

(k) Lends or knowingly permits the use of by one
not entitled thereto any certificate, permit, license or identifying device
issued to the person so lending or permitting the use thereof; or

(l) Refuses or fails to surrender to the
commission or department any certificate, permit, license or identifying device
which has been suspended, canceled or revoked as provided in this chapter, is guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine of not less than $50 nor more than $1,000, or by
imprisonment in the county jail for not more than 6 months, or by both fine and
imprisonment.

is guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than $50 nor more than $1,000, or by
imprisonment in the county jail for not more than 6 months, or by both fine and
imprisonment.

2. A person convicted of a misdemeanor
for a violation of NRS 706.386 [, 706.421 or
706.768]or 706.421 within 12
consecutive months shall be punished:

(a) For the first offense by a fine of not less
than $500 nor more than $1,000;

(b) For the second offense and each subsequent
offense by a fine of $1,000; or

(c) For any offense, by imprisonment in the
county jail for not more than 6 months, or by both the prescribed fine and
imprisonment.

3. The fines provided in this section are
mandatory and must not be reduced under any circumstances by the court.

4. Any bail allowed must not be less than
the appropriate fine provided for by this section.

Sec. 9. NRS 706.766 is
hereby amended to read as follows:

706.766 1. It is unlawful
for any common or contract motor carrier [or
broker] to charge, demand, collect or receive a greater or less
compensation for any service performed by it within the state or for any
service in connection therewith than is specified in its fare, rates, joint
rates, charges or rules and regulations on file with the commission, or to
demand, collect or receive any fare, rate or charge not specified. The rates,
tolls [,] and charges named therein
[shall be]are
the lawful rates, tolls and charges until they are changed as provided
in this chapter.

2. It is unlawful for any common or
contract motor carrier [or broker]
to grant any rebate, concession or special privilege to any person which,
directly or indirectly, has or may have the effect of changing the rates,
tolls, charges or payments.

3. Any violation of the provisions of
this section [shall subject]subjects the violator to the penalty prescribed in NRS
706.761.

Sec. 10. NRS 706.8827 is
hereby amended to read as follows:

706.8827 1. A person shall
not engage in the taxicab business unless he:

(a) Holds a certificate of public convenience
and necessity from the public service commission of Nevada issued before July
1, 1981, which has not been transferred, revoked or suspended by the taxicab
authority; or

(b) Currently holds a certificate of public
convenience and necessity from the taxicab authority as provided in this
section.

2. Upon the filing of an application for
a certificate of public convenience and necessity, the taxicab authority shall
fix a time and place for a hearing thereon . [and shall proceed according to the provisions of the
laws of this state made applicable thereto.

(b) The proposed
operation will be consistent with the legislative policies set forth in NRS
706.151;

(c) The granting of the
certificate will not unreasonably and adversely affect other carriers operating
in the territory for which the certificate is sought;

(d) The holders of
existing certificates will not meet the needs of the territory for which the
certificate is sought if the certificate is not granted; and

(e) The proposed service
will benefit the public and the taxicab business in the territory to be served.

3. The applicant
for a certificate has the burden of proving to the taxicab authority that the
proposed operation will meet the requirements of subsection 2. The taxicab
authority shall not find that the potential creation of competition in a
territory which may be caused by the granting of a certificate, by itself, will
unreasonably and adversely affect other carriers operating in the territory for
the purposes of paragraph (c) of subsection 2.

4. The
applicant must submit an application fee of $200, which must not be refunded,
with his application. The applicant must also pay those amounts which are
billed to him by the authority for reasonable costs incurred by it in
conducting an investigation of the applicant.

[4.]5. The taxicab authority may attach to the
exercise of the rights granted by the certificate any terms and conditions
which in its judgment the public interest may require.

[5.]6. The taxicab authority may dispense with
the hearing on the application if, upon the expiration of the time fixed in the
notice of the hearing, no protest against the granting of the certificate has
been filed by or on behalf of any person.

[6.]7. Any person who has been denied a
certificate of public convenience and necessity after a hearing
may not file a similar application with the taxicab authority covering the same
type of service and over the same route or routes or in the same territory for
which the certificate of public convenience and necessity was denied except
after the expiration of 180 days from the date the certificate was denied.

Sec. 11. NRS 706.768 is
hereby repealed.

________

κ1987
Statutes of Nevada, Page 2261κ

CHAPTER 810, SB 580

Senate Bill No.
580Committee on Judiciary

CHAPTER 810

AN ACT relating to gaming; revising the
annual fee for a state gaming license based upon the number of games operated;
and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 463.380 is
hereby amended to read as follows:

463.380 1. In addition to
any other state gaming license fees provided for in this chapter, the
commission shall, before issuing a state gaming license, charge and collect in
advance from each applicant a license fee to be determined on the following
basis:

Those
establishments operating or to operate one game, the sum of $100.

Those
establishments operating or to operate two games, the sum of $200.

Those
establishments operating or to operate three games, the sum of $400.

Those
establishments operating or to operate four games, the sum of $750.

Those
establishments operating or to operate five games, the sum of $1,750.

Those
establishments operating or to operate six or seven games, the sum of $3,000.

Those
establishments operating or to operate [eight to
ten games, inclusive,]8, 9 or 10 games, the
sum of $6,000.

Those establishments operating or to operate 11, 12 or 13
games, the sum of $650 for each game so operating or to operate.

Those establishments
operating or to operate [eleven to sixteen]14, 15 or 16 games, the sum of $1,000 for each
game so operating or to operate.

Those
establishments operating or to operate more than [sixteen]16 games, the sum of $1,000 for each game to and
including [sixteen]16 games and the sum of $200 for each game in excess of
[sixteen]16
games so operating or to operate.

2. In computing the number of games
operated or to be operated by an applicant under this section, a license
authorizing the receiving of bets or wagers on horse races held without the
State of Nevada, or on sporting events by any system or method of wagering
other than the system known as the pari-mutuel method of wagering, shall be
deemed a game within the meaning of this section.

3. All licenses must be issued for the
calendar year beginning January 1 and expiring December 31. If the operation of
the licensee is continuing, the commission shall charge
and collect the fee prescribed in subsection 1 on or before December 31 for the
ensuing calendar year.

commission shall charge and collect the fee prescribed in
subsection 1 on or before December 31 for the ensuing calendar year. If the
operation is new or has been temporarily closed with the approval of the board,
the commission shall prorate the license fee on a monthly basis. If any
licensee desires to enlarge his operations during the calendar year, he must,
after his application is approved, be charged the full annual fees for the
number of games for which he desires a license under this section, and is
entitled to credit thereon for the annual fee he may have previously paid under
this section for the same calendar year for a lesser number of games.

4. Card games, that is, stud or draw
poker, bridge, whist, solo, low ball, and panguingui for money, and slot
machines, when not utilized as an adjunct to or a unit of any banking,
percentage or mechanical device or machine, shall not be construed as a
gambling game under the provisions of this section.

5. All games operated or conducted in one
room or a group of rooms in the same or a contiguous
building must be construed as one operation [hereunder]under this section, and the license to be paid
must be determined on the aggregate number of games in each room or group of
rooms in the same or a contiguous building.

6. Except as otherwise
provided in this section and NRS 463.386, the amount of the fee specified
in subsection 1 must not be prorated.

AN ACT relating to governmental affairs;
creating a blue ribbon commission on the legislative process; providing for its
organization and duties; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The legislature
declares that:

1. Since 1950, Nevada has had the highest
percentage of growth among the 50 states.

2. Because Nevada is a rapidly growing
state it requires the assistance of the legislature to serve the needs of a
growing population of over 1,000,000 and to ensure the
timely development of an adequate economic framework for the requirements of
business.

and to ensure the timely development of an adequate economic
framework for the requirements of business.

3. The philosophy and practice of the
citizen-legislator provides a unique and valuable contribution to the
creation and application of new laws.

4. Our state must have a progressive
state government to promote and assist economic growth so that Nevada can
develop its potential to become a strong, versatile force in the international
marketplace.

Sec. 2. As used in sections
2 to 8, inclusive, of this act, unless the context otherwise requires,
commission means the blue ribbon commission on the legislative process.

Sec. 3. 1. The
blue ribbon commission on the legislative process, consisting of 11 members
appointed by consensus of the speaker and minority leader of the assembly and
the majority and minority leaders of the senate, is hereby created. Two members
of the commission must be former or present members of the senate and two
members must be former or present members of the assembly. The remainder of the
members must be representatives of the general public.

2. Each member of the commission must be
a resident of the state.

3. The membership must be composed of
representatives from various geographical locations in the state.

Sec. 4. Each member of the
commission is entitled to receive the per diem allowance and travel expenses
established for state officers and employees generally for each day he is
actually engaged in the business of the commission, but is not entitled to
receive a salary.

Sec. 5. 1. The
commission shall elect a chairman and a vice chairman at the first meeting.

2. The commission shall hold public
hearings at least three times in Clark County, twice in Washoe County and once
in a rural county. The chairman may hold additional meetings if he deems it
necessary to accomplish the objectives of the commission.

Sec. 6. The legislative
counsel bureau shall provide all staff necessary to support the operations of
the commission.

Sec. 7. The commission shall
consider:

1. The desirability of annual sessions of
the legislature, including:

(a) The limitation of an annual session not to
exceed 60 days as compared to one biennial session of unlimited days.

(b) The ability of a limited annual session to
address all legislative concerns.

(c) The inability of a biennial legislature to
address in a timely manner the rapid changes in the needs of the residents and
businesses of our state.

2. Trends in population as projected for
1993 to 2000 and beyond, including:

(a) An analysis of the effects and needs of the
anticipated increase in population.

(b) The identification of the means to address
the advantages and disadvantages that this increase will
create regarding delivery of state governmental services.

disadvantages that this increase will create regarding
delivery of state governmental services.

3. Trends in business-related
enterprises, including the identification of the advantages and disadvantages
of rapid growth in business-related enterprises within the state.

4. Financial remuneration of legislators,
including:

(a) Recognition of the value of a
citizen-legislator who can bring a laymans approach to government as opposed
to professional politicians or persons from select segments of society.

(b) The need to compensate more fully the
citizen-legislator to offset his living expenses while attending the session
and to compensate him for the days he serves in session.

(c) The amount of compensation paid to the
legislators and its effect on the caliber of person attracted to public
service.

(d) The possibility that only two types of persons
will be able to serve in future years in the legislature, the retired and the
financially independent, if legislators are not compensated adequately.

5. The desirability of retaining the
nonprofessional, citizen legislature so as to encourage diversity in the
legislative process by drawing upon all socioeconomic walks of life for solving
problems and planning for the 21st century.

6. The convening of the session at a later
date to provide more time between the election and the beginning of the session
for the legal division of the legislative counsel bureau to draft bills in
order that the legislature can immediately operate at its full potential.

7. A short recess of the legislative
session at midpoint to provide citizen-legislators time to consult with their
constituents and address personal and business matters.

8. The use of more joint legislative
committee hearings to:

(a) Reduce the time spent processing a bill.

(b) Reduce the occurrences of repetitious
testimony.

(c) Reduce the time and expense of those
testifying.

9. The operation of standing committees
and appropriations, including a study of the desirability for all standing
committees to make decisions about appropriations in their related areas and
the creation of a budget committee composed of members of each standing
committee to tie the budget together.

10. Any other activities and programs
which may assist legislators in the continuation of the efficient and effective
government of this state into the 21st century.

Sec. 8. The commission shall
submit its findings and recommendations to the legislative commission by
September 1, 1988, for review and action by the 65th session of the Nevada
Legislature.

Sec. 9. 1. There
is hereby appropriated $9,000 for the support of the blue ribbon commission on
the legislative process.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
December 1, 1988, and reverts to the state general fund
as soon as all payments of money committed have been made.

AN ACT relating to employment practices;
prohibiting discrimination in employment against a person who is more than 69
years of age; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 613.350 is
hereby amended to read as follows:

613.350 1. It is not an
unlawful employment practice for an employer to hire and employ employees, for
an employment agency to classify or refer for employment any person, for a
labor organization to classify its membership or to classify or refer for
employment any person, or for an employer, labor organization or joint
labor-management committee controlling apprenticeship or other training or
retraining programs to admit or employ any person in any such program, on the
basis of his religion, sex, age, physical or visual handicap or national origin
in those instances where religion, sex, age, physical or visual condition or
national origin is a bona fide occupational qualification reasonably necessary
to the normal operation of that particular business or enterprise.

2. It is not an unlawful employment
practice for an employer to fail or refuse to hire and employ employees, for an
employment agency to fail to classify or refer any person for employment, for a
labor organization to fail to classify its membership or to fail to classify or
refer any person for employment, or for an employer, labor organization or
joint labor-management committee controlling apprenticeship or other training
or retraining programs to fail to admit or employ any person in any such
program, on the basis of his physical or visual handicap in those instances
where physical or visual condition is a bona fide and relevant occupational
qualification necessary to the normal operation of that particular business or
enterprise, if it is shown that the particular physical or visual handicap
would prevent proper performance of the work for which the handicapped person
would otherwise have been hired, classified, referred or prepared under a
training or retraining program.

3. It is not an unlawful employment
practice for an employer to fail or refuse to hire or to discharge a person,
for an employment agency to fail to classify or refer any
person for employment, for a labor organization to fail to classify its
membership or to fail to classify or refer any person for employment, or for an
employer, labor organization or joint labor-management committee controlling
apprenticeship or other training or retraining programs to fail to admit or
employ any person in any such program, on the basis of his age if the person is
less than 40 years of age .

classify or refer any person for employment, for a labor
organization to fail to classify its membership or to fail to classify or refer
any person for employment, or for an employer, labor organization or joint
labor-management committee controlling apprenticeship or other training or
retraining programs to fail to admit or employ any person in any such program,
on the basis of his age if the person is less than 40 years of age . [or more than 69 years
of age.]

4. It is not an unlawful employment
practice for a school, college, university or other educational institution or
institution of learning to hire and employ employees of a particular religion
if the school or institution is, in whole or in substantial part, owned, supported,
controlled or managed by a particular religion or by a particular religious
corporation, association or society, or if the curriculum of the school or
institution is directed toward the propagation of a particular religion.

5. It is not an unlawful employment
practice for an employer to observe the terms of any bona fide plan for
employees benefits, such as a retirement, pension or insurance plan, which is
not a subterfuge to evade the provisions of NRS 613.310 to 613.430, inclusive,
as they relate to discrimination against a person because of age, except that
no such plan excuses the failure to hire any person who is at least 40 years of
age . [but is less
than 70 years of age.]

Sec. 2. NRS 281.370 is
hereby amended to read as follows:

281.370 1. All personnel
actions taken by state, county or municipal departments, agencies, boards or
appointing officers thereof must be based solely on merit and fitness.

2. State, county or municipal
departments, agencies, boards or appointing officers thereof shall not refuse
to hire a person, discharge or bar any person from employment or discriminate
against any person in compensation or in other terms or conditions of
employment because of his race, creed, color, national origin, sex, age,
political affiliation or physical, aural or visual handicap, except when based
upon a bona fide occupational qualification . [or as provided in NRS 284.3781.]

AN ACT relating to the support of children;
providing formulas to determine the amount of support; requiring the responsible
parent to keep current his written statement concerning his ability to support
his child; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 11 of NRS is
hereby amended by adding thereto a new chapter to consist of the provisions set
forth as sections 2, 3 and 4 of this act.

Sec. 2. As used in sections
2, 3 and 4 of this act, unless the context otherwise requires:

1. Gross monthly income means the total
amount of income from any source of a wage-earning employee or the gross income
from any source of a self-employed person, after deduction of all legitimate
business expenses, but without deduction for personal income taxes,
contributions for retirement benefits, contributions to a pension or for any
other personal expenses.

2. Obligation for support means the
amount determined according to the following schedule:

(a) For one child, 18 percent;

(b) For two children, 25 percent;

(c) For three children, 29 percent;

(d) For four children, 31 percent; and

(e) For each additional child, an additional 2
percent,

of a parents gross monthly income, but not more than $500
per month per child for an obligation for support determined pursuant to
paragraphs (a) to (d), inclusive, unless the court sets forth findings of fact
as to the basis for a different amount pursuant to subsection 5 of section 3 of
this act.

Sec. 3. 1. A
court shall apply the appropriate formula set forth in subsection 2 of section
2 of this act to:

(a) Determine the required support in any
contested case involving the support of children.

(b) Regarding any request filed after July 1,
1987, change the amount of the required support of children.

2. If the parties disagree as to the
amount of the gross monthly income of either party, the court shall determine
the amount and may direct either party to furnish financial information or
other records, including income tax returns for the preceding 3 years. Once a
court has established an obligation for support by reference to a formula set
forth in subsection 2 of section 2 of this act, any
subsequent modification of that support must be based upon changed
circumstances.

this act, any subsequent modification of that support must
be based upon changed circumstances.

3. Notwithstanding the formulas set forth
in subsection 2 of section 2 of this act, the minimum amount of support that
may be awarded by a court in any case is $100 per month per child, unless the
court makes a written finding that the obligor is unable to pay the minimum
amount. Willful underemployment or unemployment is not a sufficient cause to
deviate from the awarding at least the minimum amount.

4. It is presumed that the basic needs of
a child are met by the formulas set forth in subsection 2 of section 2 of this
act. This presumption may be rebutted by evidence proving that the needs of a
particular child are not met by the applicable formula.

5. If the amount of the awarded support
for a child is greater or less than the amount which would be established under
the applicable formula, the court shall set forth findings of fact as to the
basis for the deviation from the formula.

6. Expenses for health care which are not
reimbursed, including, but not limited to, expenses for medical, surgical,
dental, orthodontic and optical expenses, must be borne equally by both parents
in the absence of extraordinary circumstances.

7. If a parent who has an obligation for
support is willfully underemployed or unemployed, for the purpose of avoiding
an obligation for support of a child, that obligation must be based upon the
parents true potential earning capacity.

8. The court shall consider the following
factors when adjusting the amount of support of a child upon specific findings
of fact:

(a) The cost of health insurance;

(b) The cost of child care;

(c) Any special educational needs of the child;

(d) The age of the child;

(e) The responsibility of the parents for the
support of others;

(f) The value of services contributed by either
parent;

(g) Any public assistance paid to support the
child;

(h) Any expenses reasonably related to the
mothers pregnancy and confinement;

(i) The cost of transportation of the child to
and from visitation if the custodial parent moved with the child from the
jurisdiction of the court which ordered the support and the noncustodial parent
remained;

(j) The amount of time the child spends with
each parent;

(k) Any other necessary expenses for the benefit
of the child; and

(l) The relative income of both spouses.

Sec. 4. 1. A
parent shall support beyond the age of majority his child who is physically or
mentally handicapped until the child is no longer handicapped or until the
child becomes self-supporting. The handicap of the child must have occurred
before the age of majority for this duty to apply.

2. For the purposes of this section, a
child is self-supporting if he receives public assistance
beyond the age of majority and that assistance is sufficient to meet his needs.

receives public assistance beyond the age of majority and
that assistance is sufficient to meet his needs.

3. This section does not impair or
otherwise affect the eligibility of a handicapped person to receive benefits
from a source other than his parents.

Sec. 5. NRS 425.390 is
hereby amended to read as follows:

425.390 1. The responsible
parent of a legitimate child or a child whose paternity has been judicially
determined [and for whom assistance is granted]
shall complete a written statement, under oath, of:

(a) His current monthly income and his total
income over the past 12 months;

(b) The number of dependents for whom he is
providing support;

(c) The amount which he is contributing
regularly toward the support of any child for whom assistance is granted;

(d) His current monthly living expenses; and

(e) Such other information as is pertinent to
determining his ability to support his children.

2. The statement [shall]must be provided upon demand made by the division,
any [support enforcement] agent of
the state who enforces an order for the support of a
child or a prosecuting attorney. Additional statements [shall]must be
filed [:

(a) Annually thereafter
with the division until such time as the child is no longer receiving
assistance; and

(b) Whenever]whenever there is a material change in the
information given in the statement required under this section.

3. Failure of the responsible parent to
comply fully with this section is a misdemeanor.

4. Any responsible parent who swears
falsely to a material fact in any written statement required by this section is
guilty of perjury.

AN ACT relating to victims of crime;
expanding the definition of victim to include a person physically injured or
killed by a person driving while intoxicated for the purposes of receiving
certain financial aid; imposing a civil penalty against certain criminal
offenders for credit to the fund for the compensation of victims of crime; and
providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 217.070 is
hereby amended to read as follows:

217.070 Victim means:

1. A person who is physically injured or
killed as the direct result of a criminal act;

2. A minor who was involved in the
production of pornography in violation of NRS 200.710, 200.720 or 200.730; [or]

3. A minor who was sexually abused, as
sexual abuse is defined in NRS 432B.100 [.]; or

4. A person who is
physically injured or killed as the direct result of a violation of NRS 484.379
or any act or neglect of duty punishable pursuant to NRS 484.3795.

Sec. 2. NRS 217.220 is
hereby amended to read as follows:

217.220 1. Except as
otherwise provided in subsections 2, 3 and 4, compensation must not be awarded
if the victim:

(a) Is a relative of the offender;

(b) Was, at the time of the personal injury or
death of the victim, living with the offender in a continuing relationship;

(c) Was injured or killed as a result of the
operation of a motor vehicle, boat or airplane unless the vehicle, boat or
airplane was used as a weapon in a deliberate attempt to harm the victim [;]or unless the
vehicle was used in violation of NRS 484.379 or its use was punishable pursuant
to NRS 484.3795;

(d) Was not a resident of the State of Nevada at
the time the incident upon which the claim is based occurred; or

(e) Was a coconspirator, codefendant , [or]
accomplice or adult passenger of the offender
whose crime caused the victims injuries.

2. The provisions of subsection 1 do not
apply to a minor who was involved in the production of pornography in violation
of NRS 200.710, 200.720 or 200.730.

3. The provisions of paragraphs (a) and
(b) of subsection 1 do not apply to a minor who [was]:

(a) Was a victim
of sexual abuse, as that term is defined in NRS 432B.100 [.]; or

(b) Was physically
injured or killed while being a passenger in the vehicle of an offender who
violated NRS 484.379 or is punishable pursuant to NRS 484.3795.

4. A victim who is a relative of the
offender or who, at the time of the personal injury or death of the victim, was
living with the offender in a continuing relationship may be awarded
compensation if:

(a) The offender would not profit by the
compensation of the victim; [and]

(b) The offender was not
in violation of NRS 484.379 or punishable pursuant to NRS 484.3795; and

(c) The victim
cooperates with agencies of law enforcement. Such cooperation does not require
prosecution of the offender.

5. The hearing officer may deny an award
if he determines that the claimant will not suffer serious financial hardship.
In determining whether a claimant will suffer serious financial hardship, the
hearing officer shall not consider:

(a) The value of the victims dwelling;

(b) The value of one motor vehicle owned by the
victim; or

(c) The savings and investments of the victim up
to an amount equal to the victims annual salary.

Sec. 3. NRS 217.260 is
hereby amended to read as follows:

217.260 1. Money for payment
of compensation as ordered by the board and for payment of salaries and other
expenses incurred by the hearings division of the department of administration
pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the fund for
the compensation of victims of crime, which is hereby created. Money in the
fund must be disbursed on the order of the board in the same manner as other
claims against the state are paid. The [state
board of examiners]board shall
estimate quarterly:

(a) The revenue in the fund which is available
for the payment of compensation; and

(b) The anticipated expenses for the next
quarter.

If the estimated expenses for the quarter exceed the
available revenue, all claims paid in that quarter must be reduced in the same
proportion as the expenses exceeded the revenue.

2. Money deposited in the fund which is
recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest
and income earned on that money must be used for the counseling and medical
treatment of victims of crimes committed in violation of NRS 200.366, 200.710,
200.720, 200.730 or 201.230.

3. The interest and income earned on the
money in the fund for the compensation of victims of crime, after deducting any
applicable charges, must be created to the fund.

4. Money deposited
in the fund pursuant to section 5 of this act, and the interest and income
earned on that money, after deducting any applicable charges, must be accounted
for separately and, except as otherwise provided in
this subsection, used for compensation of victims who are physically injured or
killed as the direct result of a violation of NRS 484.379 or an act or neglect
of duty punishable pursuant to NRS 484.3795.

in this subsection, used for
compensation of victims who are physically injured or killed as the direct
result of a violation of NRS 484.379 or an act or neglect of duty punishable
pursuant to NRS 484.3795. No other money in the fund may be used for that
purpose. The board may direct that the money in the separate account also be
used to compensate other victims.

Sec. 4. NRS 482.180 is
hereby amended to read as follows:

482.180 1. The motor vehicle
fund is hereby created as an agency fund. [All]Except as otherwise provided in section 5 of this act,
all money received or collected by the department must be deposited in
the state treasury for credit to the motor vehicle fund.

2. The interest and income on the money
in the motor vehicle fund, after deducting any applicable charges, must be
credited to the state highway fund.

3. Any check accepted by the department
in payment of vehicle privilege tax or any other fee required to be collected
under this chapter must, if it is dishonored upon presentation for payment, be
charged back against the motor vehicle fund or the county to which the payment
was credited, in the proper proportion.

4. Money for the administration of the
provisions of this chapter must be provided by direct legislative appropriation
from the state highway fund, upon the presentation of budgets in the manner
required by law. Out of the appropriation the department shall pay every item
of expense.

5. The privilege tax collected on
vehicles subject to the provisions of chapter 706 of NRS and engaged in
interstate or intercounty operation must be distributed among the counties in
the following percentages:

The distributions must be allocated among local governments
within the respective counties pursuant to the provisions of NRS 482.181.

6. As commission to the state for
collecting the privilege tax on vehicles subject to the provisions of this
chapter and chapter 706 of NRS, the department is entitled to retain 1 percent
of the privilege tax collected by a county assessor and 6 percent of the other
privilege tax collected.

7. When the requirements of this section
have been met, and when directed by the department, the state controller shall
transfer monthly to the state highway fund any balance in the motor vehicle
fund.

Sec. 5. Chapter 484 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. In addition to
any other penalty provided by law, a person convicted of a violation of NRS
484.379 is liable to the state for a civil penalty of $35, payable to the
department.

2. The department
shall not issue any license to drive a motor vehicle to a person convicted of a
violation of NRS 484.379 until the civil penalty is paid.

3. Any money
received by the department pursuant to subsection 1 must be deposited with the
state treasurer for credit to the fund for the compensation of victims of
crime.

Sec. 6. The state board of
examiners shall, in the biennial report prepared and submitted to the 65th
session of the Nevada legislature pursuant to NRS 217.250, report specifically
on the amount of money received pursuant to section 5 of this act and the
amount of compensation awarded pursuant to subsection 4 of NRS 217.260.

Sec. 7. The provisions of
section 5 of this act do not apply with respect to any conviction obtained
before July 1, 1987.

________

CHAPTER 815, AB 251

Assembly Bill No.
251Assemblymen Dini, Getto and Bergevin

CHAPTER 815

AN ACT relating to the financing of water
projects; creating a board; providing for its organization, powers and duties;
providing for the issuance of state securities; making an appropriation; and
providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 349 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 28,
inclusive, of this act.

Sec. 2. As
used in sections 2 to 28, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 to 12, inclusive, of this
act, have the meanings ascribed to them in those sections.

Sec. 3. Board
means the board for financing water projects.

Sec. 4. Cost
of a water project means all or a designated part of the cost of any water
project, including any incidental cost pertaining to the water project. The
cost of a water project may include, among other costs, the costs of:

5. Interest on
bonds for any time which does not exceed the estimated period of construction
plus 1 year, discounts on bonds, reserves for the payment of the principal of
and interest on bonds, replacement expenses and other costs of issuing bonds;

6. Amending any
resolution or other instrument authorizing the issuance of, or otherwise
relating to, bonds for the water project; and

7. Short-term
financing,

and the expense of operation and
maintenance of the water project.

Sec. 5. Director
means the director of the department of commerce or any person within the
department of commerce designated by him to perform duties in connection with a
water project or the issuance of bonds.

Sec. 6. Expense
of operation and maintenance means any reasonable and necessary current
expense of the state for the operation, maintenance or administration of a
water project or of the collection and administration of revenues from a water
project. The term includes, among other expenses:

1. Expenses for
engineering, auditing, reporting, legal services and other expenses of the
director which are directly related to the administration of water projects.

2. Premiums for
fidelity bonds and policies of property and liability insurance pertaining to
water projects, and shares of the premiums of blanket bonds and policies which
may be reasonably allocated to the state.

4. Reasonable
charges made by any paying agent, commercial bank, trust company or other
depository bank pertaining to any bonds.

5. Services
rendered under the terms of contracts, services of professionally qualified
persons, salaries, administrative expenses and the cost of materials, supplies
and labor pertaining to the issuance of any bonds, including the expenses of
any trustee, receiver or other fiduciary.

6. Costs incurred
in the collection and any refund of revenues from the water project, including
the amount of the refund.

Sec. 7. Mortgage
includes a deed of trust and any other security agreement covering real or
personal property, or both.

Sec. 8. Obligor
means the natural person, partnership, firm, company, public utility,
corporation, association, trust, estate, political subdivision, state agency or
any other legal entity, or its legal representative, who agrees to make the
payments sufficient to pay the principal of, premium, if any, and interest on
the state securities or revenue bonds issued pursuant to sections 2 to 28,
inclusive, of this act.

Sec. 9. Revenue
bonds means bonds, notes or other securities evidencing a special limited
obligation of the state, the principal and interest of which are payable solely
out of revenues derived from the financing, leasing or sale of the water
project to be financed.

Sec. 10. State
securities means notes, warrants, interim debentures, bonds and temporary
bonds issued as general obligations by the director for any water project or
for a refunding which are payable from taxes, whether or not additionally
secured by a pledge of all or any designated revenues of one or more water projects.

Sec. 11. Tax
means a general tax upon property.

Sec. 12. Water
project means a project for the management, control, delivery, use or
distribution of water.

Sec. 13. The
director has all the powers necessary to accomplish the purposes set forth in
sections 2 to 28, inclusive, of this act. These powers must be exercised for
the health, safety, convenience, prosperity and welfare of the inhabitants of
this state. He may adopt such regulations as are necessary to carry out the
provisions of sections 2 to 28, inclusive, of this act.

Sec. 14. Sections
2 to 28, inclusive, of this act, must be liberally construed to effectuate the
purposes of those sections.

Sec. 15. The
director shall not finance a water project unless, before financing:

1. The water
project has been finally approved by the board after a public hearing on the
matter.

2. The director
finds and the state board of examiners approves the findings of the director
that:

(a) The contemplated
lessee, purchaser or other obligor has sufficient financial resources to place
the water project in operation and to continue its operation, meeting the
obligations of the lease, purchase contract or financing agreement;

(b) There are sufficient
safeguards to assure that all money provided by the director will be expended
solely for the purposes of the water project; and

(c) The total amount of
money necessary to be provided by the director for financing the water project
has been determined in writing by the board on a form acceptable to the director.

3. For the
issuance of state securities, the director and the state board of examiners
have received and approved the authorizing documents showing the legal
authority for the obligor to borrow and repay the proceeds of the state
securities.

4. For the
issuance of revenue bonds, the director and the state board of examiners have
received and approved:

(a) The financial plan
showing that the revenues to be derived from the water project are adequate to
pay the principal and interest on such bonds;

(b) A 5-year operating
history form the contemplated lessee, purchaser or other obligor or from a
parent or other guarantor, who guarantees the payments of principal and
interest on any bonds issued; and

(c) A written statement
form the obligor affirming that the obligor does not undertake to commit the
state, and any political subdivision or municipality thereof to incur any
pecuniary liability in connection with the issuance of the bonds.

Sec. 16. 1. The
bonds must be authorized by an order of the director, and must:

(a) Be in the
denominations;

(b) Bear the date or
dates;

(c) Mature at the time or
times, not exceeding 30 years after their respective dates;

(d) Bear interest at a
rate or rates specified in the order;

(e) Be in the form;

(f) Carry the
registration privileges;

(g) Be executed in the
manner;

(h) Be payable at the
place or places within or without the state; and

(i) Be subject to the
terms of redemption,

which the order authorizing their
issue provides.

2. The bonds may
be sold in one or more series at par, or below or above par, in the manner and
for the price or prices which the director determines in his discretion.

3. State
securities must be authorized by resolution of the board of examiners at the
request of the director.

4. As an
incidental expense to any water project to be financed by the bonds, the
director may employ:

(a) Financial and legal
consultants in regard to the financing of the water project; and

(b) A person whose
business is in Nevada or elsewhere to act as a trustee for the water project.

5. The bonds are
fully negotiable under the terms of the Uniform Commercial CodeInvestment
Securities.

Sec. 17. 1. The
director may, to pay the cost of any water project, borrow money or otherwise
become obligated, and may provide evidence of those obligations by issuing,
except as otherwise provided in this subsection, state securities or revenue
bonds. If the obligor is not a governmental entity, the director shall issue
only revenue bonds to fulfill the obligation.

2. State
obligations may be outstanding pursuant to this section in an aggregate
principal amount of not more than $200,000,000.

3. State
securities must be payable from taxes and may be additionally secured by all or
any designated revenues from one or more water projects. Any governmental
entity statutorily authorized to levy taxes for the payment of bonded
indebtedness may use the proceeds of those taxes to pay the principal of,
interest on and redemption premiums due in connection with state securities
issued pursuant to this section. Any such state securities may be issued
without an election or other preliminaries. No state securities may be issued
to refund any municipal securities issued to finance a water project before
July 1, 1987.

4. Provisions of
NRS 349.150 to 349.364, inclusive, which are not inconsistent with the
provisions of sections 2 to 28, inclusive, of this act, apply to the issuance
of state securities under this section. Provisions of NRS 349.400 to 349.670,
inclusive, which are not inconsistent with the provisions of sections 2 to 28, inclusive, of this act, apply to the
issuance of revenue bonds under this section.

of sections 2 to 28, inclusive, of
this act, apply to the issuance of revenue bonds under this section.

5. The legislature
finds and declares that the issuance of state securities pursuant to sections 2
to 28, inclusive, of this act, is necessary for the protection and preservation
of the natural resources of this state and for the purpose of obtaining the
benefits thereof, and constitutes an exercise of the authority conferred by the
second paragraph of section 3 of article 9 of the constitution of the State of
Nevada.

Sec. 18. 1. The
director may charge the obligor a fee not to exceed 2 percent of the principal
amount of the financing, payable either in advance or at the time the bonds are
issued. The director shall deposit all money received pursuant to this section
with the state treasurer for credit to the fund for the financing of water
projects.

2. Whether or not
bonds are issued, the director shall use any fee so collected to reimburse his
office for the expenses and costs incurred in financing the water project and,
within the limits of money available for this purpose, to reimburse a
municipality pursuant to the provisions of section 28 of this act. Any portion
of the fee which exceeds the directors expenses and costs must be refunded to
the obligor.

Sec. 19. 1. Except
as otherwise provided in subsection 3, all amounts received by the director
from an obligor in connection with any financing undertaken pursuant to
sections 2 to 28, inclusive, of this act, must be deposited with the state
treasurer for credit to the fund for the financing of water projects in the state
treasury, which is hereby created.

2. Any revenue
from water projects financed with state securities which is in the fund must be
applied in the following order of priority:

(a) Deposited into the
consolidated bond interest and redemption fund in amounts necessary to pay the
principal of, interest on and redemption premiums due in connection with state
securities issued for water projects.

(b) Deposited into any
reserve account created for the payment of the principal of, interest on and
redemption premiums due in connection with state securities issued for water
projects, in amounts and at times determined to be necessary.

(c) Paid out for expenses
of operation and maintenance.

3. Any revenue
from water projects financed with revenue bonds may:

(a) Be deposited in the
fund for the financing of water projects and subject to the provisions of
subsection 2; or

(b) Subject to any
agreement with the holders of the bonds, be invested, deposited or held by the
director in such funds or accounts as he deems necessary or desirable. If the
director is acting pursuant to this subsection, he need not deposit the money
in the state treasury and the provisions of chapters 355 and 356 of NRS do not
apply to any investments or deposits made pursuant to this subsection.

Sec. 20. 1. Any
bonds issued under the provisions of sections 2 to 28, inclusive, of this act,
may be refunded by the director by the issuance of refunding bonds in an amount
which he deems necessary to refund the principal
of the bonds to be so refunded, any unpaid interest thereon and any premiums
and incidental expenses necessary to be paid in connection with refunding.

principal of the bonds to be so
refunded, any unpaid interest thereon and any premiums and incidental expenses
necessary to be paid in connection with refunding.

2. Refunding may
be carried out whether the bonds to be refunded have matured or thereafter
mature, either by sale of the refunding bonds and the application of the
proceeds to the payment of the bonds to be refunded, or by exchange of the
refunding bonds for the bonds to be refunded. The holders of the bonds to be
refunded must not be compelled, without their consent, to surrender their bonds
for payment or exchange before the date on which they are payable by maturity,
option to redeem or otherwise, or if they are called for redemption before the
date on which they are by their terms subject to redemption by option or
otherwise.

3. All refunding
bonds issued pursuant to this section must be payable solely from revenues and
other money out of which the bonds to be refunded thereby are payable or from
revenues out of which bonds of the same character may be made payable under
this or any other law then in effect at the time of the refunding.

Sec. 21. No
action may be brought questioning the legality of any contract, lease,
agreement, indenture, mortgage, order or bonds executed, adopted or taken in
connection with any water project or improvements authorized by sections 2 to
28, inclusive, of this act, after 30 days after the effective date of the order
of the director authorizing the issuance of those bonds.

Sec. 22. The
faith of the state is hereby pledged that sections 2 to 28, inclusive, of this
act, will not be repealed, amended or modified to impair any outstanding bonds
or any revenues pledged to their payment, or to impair, limit or alter the
rights or powers vested in a city or county to acquire, finance, improve and
equip a water project in any way that would jeopardize the interest of any
lessee, purchaser or other obligor, or to limit or alter the rights or powers
vested in the director to perform any agreement made with any lessee, purchaser
or other obligor, until all bonds have been discharged in full or provisions
for their payment and redemption have been fully made.

Sec. 23. A
water project is not subject to any requirements relating to public buildings,
structures, ground works or improvements imposed by the statutes of this state
or any other similar requirements which may be lawfully waived by this section,
and any requirement of competitive bidding or other restriction imposed on the
procedure for award of contracts for such purpose or the lease, sale or other
disposition of property is not applicable to any action taken pursuant to
sections 2 to 28, inclusive, of this act.

Sec. 24. 1. The
board of financing water projects is hereby created. The board consists of five
members appointed by the governor.

2. The governor
shall appoint:

(a) Four persons who are:

(1) Residents of
this state; and

(2) Knowledgeable
and experienced in the fields of planning and the development and reclamation
of water resources.

(b) One person who is a
resident of this state and knowledgeable in the field of municipal finance.

3. Not more than
three members of the board may be members of the same political party and not
more than two may be residents of the same county.

Sec. 25. Each
member of the board is entitled to receive a salary of $60 per day for their
services while actually engaged in the performance of their duties as members
of the board.

Sec. 26. The
board shall:

1. At its first
meeting and annually thereafter elect a chairman from among its members.

2. Meet regularly
at least once in each calendar quarter and at other times upon the call of the
chairman.

Sec. 27. 1. The
state engineer shall advise the board, upon its request, of the existence and
status of any water rights which affect a water project under consideration by
the board.

2. Upon the
boards request and within the limits of available resources and staff, the
state engineer and the director may on a case by case basis assist persons in
the preparation of a preliminary plan for a water project.

Sec. 28. 1. When
any municipality or other obligor desires to undertake a water project it may
present its preliminary plan to the board for approval. The board shall analyze
the potential yield of the water project, and may tentatively approve it if it
will preserve or increase the water available for beneficial use in this state.

2. If the board,
after a public hearing on the issue, tentatively approves the water project,
the municipality or other obligor may proceed to prepare a final plan and
submit it for final approval. If the board finally approves the water project,
the cost of the final plan may be included in the cost of the water project. If
the board does not finally approve the water project, the director may, within
the limits of money available for this purpose in the fund for the financing of
water projects, reimburse a municipality for the costs incurred after the
tentative approval.

Sec. 29. NRS 354.59805 is
hereby amended to read as follows:

354.59805 Except as otherwise provided in
NRS 354.59816 and section 1 of [this act,]Assembly Bill No. 698 of this session, the
maximum amount of money which a local government, except a school district, a
district to provide a telephone number for emergencies, or a redevelopment
agency, is permitted to receive from taxes ad valorem, other than those levied
on the net proceeds of mines or for the payment of bonded indebtedness and
interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a
water project pursuant to section 17 of this act, or for the payment of
obligations under a capital lease executed before April 30, 1981, must be
calculated by:

1. First multiplying the tax rate
certified for that local government for the fiscal year ending on June 30,
1981, by its assessed valuation as equalized for the collection of taxes during
the fiscal year beginning on July 1, 1981. For the purposes of this subsection:

(a) A county whose actual tax rate, for purposes
other than debt service, for the fiscal year ending on June 30, 1981, was less
than 50 cents per $100 of assessed valuation is entitled to the use of a rate
not greater than 80 cents per $100 of assessed valuation.

(b) A fire protection district in such a county
whose tax rate was more than 50 cents per $100 of assessed valuation is
entitled to the use of a rate not greater than $1.10 per $100 of assessed
valuation.

2. Then subtracting the estimated amount
to be received by that local government from the supplemental city-county
relief tax for the fiscal year for which the tax ad valorem is to be levied.
For the fiscal years beginning on and after July 1, 1982, the executive director
of the department of taxation shall provide this estimate to the local
government on or before March 15 preceding the fiscal year to which it applies.
A local government may, on or before April 1 preceding the fiscal year to which
the estimate applies, appeal in writing to the Nevada tax commission, which may
increase or decrease the estimate as it finds the facts warrant.

3. Then reducing the amount resulting
from subsections 1 and 2 if necessary to bring it within any applicable limit
provided in NRS 354.59811 or 354.59816.

Sec. 30. NRS 540.051 is
hereby amended to read as follows:

540.051 The division shall:

1. Provide political subdivisions and
private [enterprise in water-short]enterprises in arid regions with information,
alternatives and recommendations bearing upon regional shortages of water including feasible selections or courses of
planning and action for acquiring additional [waters]water or for conserving [waters]water now available, or both.

2. Include in its planning the investigation
of new sources of water such as desalinization, importation
[, conservation]and conservation, and means of transporting existing [sources.]water.

3. Develop forecasts of supply and demand
for future needs.

4. Advise the state department of conservation
and natural resources and the legislature concerning economic and social
effects of water policy.

5. Suggest changes in water policy which
may be necessary to meet new requirements of law or of the people of the state.

6. Cooperate with the state engineer in
dealings with the Federal Government and other states, but the state engineer
is solely responsible for litigation.

7. Provide the
board for financing water projects and the director of the department of
commerce with necessary technical and clerical assistance in financing water
projects.

Sec. 31. 1. There
is hereby appropriated from the state general fund to the board for financing
water projects the sum of $8,000 for the salaries and travel expenses of
members of the board.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1989, and reverts to the state general fund as
soon as all payments of money committed have been made.

the state general fund as soon as all payments of money
committed have been made.

________

CHAPTER 816, SB 62

Senate Bill No.
62Senator Joerg

CHAPTER 816

AN ACT relating to the state fire marshal;
limiting his authority to enforce regulations, conduct investigations and
establish standards of safety for existing structures in certain counties; and
providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 477.030 is
hereby amended to read as follows:

477.030 1. Except as
provided in this section, the state fire marshal shall enforce all laws and
adopt regulations relating to:

(a) The prevention of fire.

(b) The storage and use of combustibles,
flammables and fireworks.

(c) The storage and use of explosives in any
commercial construction, but not in mining or the control of avalanches.

(d) The safety, access, means and adequacy of
exit in case of fire from mental and penal institutions, facilities for the
care of children, foster homes, residential facilities for groups, facilities
for intermediate care, nursing homes, hospitals, schools, all buildings, except
private residences, which are occupied for sleeping purposes, buildings used
for public assembly and all other buildings where large numbers of persons
work, live or congregate from time to time for any purpose. As used in this
paragraph, public assembly means a building or a portion of a building used
for the gathering together of 50 or more persons for purposes of deliberation,
education, instruction, worship, entertainment, amusement or awaiting
transportation, or the gathering together of 100 or more persons in
establishments for drinking or dining.

(e) The suppression and punishment of arson and
fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout
the state, but, except with respect to state-owned or state-occupied buildings,
his authority to enforce them or conduct investigations under this chapter is
limited to those counties [having a population of]whose population is less than [100,000,]25,000,
except in those local jurisdictions in other counties where he is
requested to exercise that authority by the chief officer of the organized fire
department of that jurisdiction.

2. The state fire marshal may set
standards for equipment and appliances pertaining to fire safety or to be used
for fire protection purposes within this state, including the threads used on
fire hose couplings and hydrant fittings.

3. The state fire marshal shall cooperate
with the state forester firewarden in the preparation of regulations relating
to standards for fire retardant roofing materials pursuant to paragraph (e) of
subsection 1 of NRS 472.040.

4. The state fire marshal shall cooperate
with the welfare division of the department of human resources in establishing
reasonable minimum standards for overseeing the safety of and directing the
means and adequacy of exit in case of fire from family foster homes and group
foster homes.

5. The state fire marshal shall
coordinate all activities conducted pursuant to the Fire Research and Safety
Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money
allocated by the United States pursuant to that act.

6. The state fire marshal shall:

(a) Investigate any fire which occurs in a
county [having a population of]whose population is less than [100,000,]25,000, and from which a death results or which
is of a suspicious nature.

(b) Investigate any fire which occurs in a
county [having a population of 100,000]whose population is 25,000 or more, and from
which a death results or which is of a suspicious nature, if requested to do so
by the chief officer of the fire department in whose jurisdiction the fire
occurs.

(c) Cooperate with the commissioner of insurance
in any investigation of a fraudulent claim under an insurance policy for any
fire of a suspicious nature.

(d) Provide specialized training in
investigating the causes of fires if requested to do so by the chief officer of
an organized fire department.

7. The state fire marshal shall put the
Uniform Fire Incident Reporting System into effect throughout the state on or
before January 1, 1984, and publish at least annually a summary of data
collected under the system.

8. The state fire marshal shall provide
assistance and materials to local authorities, upon request, for establishment
of programs for public education and other fire prevention activities.

1. The state fire marshal in [counties having a population of]a county whose population is less than [100,000;]25,000;

2. Unless the county has enacted an
ordinance designating the persons who constitute the authority, the chief
building official and chief officer of the fire service of the jurisdiction in
any other county [. If the chief building
official and the chief officer of the fire service], and if they are unable to agree
on any question, authority includes the county manager or city manager, who
shall cast the deciding vote on that question; or

agree on any question, authority includes the county
manager or city manager, who shall cast the deciding vote on that question; or

3. If the board of county commissioners
of a county [having a population of 100,000]whose population is 25,000 or more or the
governing body of a city in that county has specified a person or persons to
act as the authority, that person or those persons.

Sec. 3. NRS 477.180 is
hereby amended to read as follows:

477.180 1. The board of fire
safety, consisting of eleven members appointed by the governor, is hereby
created.

2. The governor shall appoint:

(a) A licensed architect;

(b) Three chiefs of or fire marshals from local
fire departments, at least one of whom must be from a fire department in a
county [having a population of]whose population is less than [100,000;]25,000;

(c) A building officer of a local government
which is or is within each county [having a
population of 100,000]whose population is
25,000 or more;

(d) A licensed general contractor;

(e) A professional engineer;

(f) Two representatives of gaming and lodging
enterprises; and

(g) The state fire marshal,

to the board.

3. The board shall select a chairman from
among its members to serve for 1 year. The state fire marshal shall serve as
secretary of the board.

4. The board shall meet on the call of
the chairman, the state fire marshal or at the request of any three of the
members.

5. The members of the board, except those
who are, in another capacity, public officers or employees, are entitled to
receive a salary of $80 for each days attendance at a meeting of the board or
a committee of the board. The state fire marshal shall provide in the budget of
his office for sufficient money to pay salaries and allowances for members and
other expenses of the board.

Sec. 4. NRS 244.3673 is
hereby amended to read as follows:

244.3673 The board of county commissioners
of any county [which has a population of 100,000]whose population is 25,000 or more may provide by
ordinance for the investigation of fires in which
a death has occurred or which are of a suspicious origin, and for the
enforcement of regulations adopted by the state fire marshal.

Sec. 5. This act becomes
effective upon passage and approval.

________

κ1987
Statutes of Nevada, Page 2284κ

CHAPTER 817, SB 561

Senate Bill No.
561Committee on Taxation

CHAPTER 817

AN ACT relating to metropolitan police
departments; requiring the levy of an additional ad valorem tax for the support
of the metropolitan police department in certain counties; requiring submission
to the voters of such counties of a proposal for the continuation or increase
of such a levy; and providing other matters properly relating thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. As used in this
act, unless the context otherwise requires:

1. The words and terms defined in NRS
280.035 to 280.095, inclusive, and 354.478 to 354.580, inclusive, have the
meanings ascribed to them in those sections.

2. Taxable area means the geographical
area, composed of two or more taxing districts, which may be taxed for the
purpose of defraying the cost of hiring additional police officers.

3. Taxing district means the portion of
a taxable area that consists of:

(a) The geographical area comprising the unincorporated
area of a county whose population is 250,000 or more which has created a
department; or

(b) The area within the boundaries of each
incorporated city in such a county which is participating in the department.

Sec. 2. The committee shall
authorize the hiring of additional police officers and the incurrence of
related costs from the revenue generated by the taxes imposed pursuant to this
act. The revenues must not be used for any other purpose.

Sec. 3. The board of county
commissioners, city council or other governing body of each taxing district in
the taxable area shall levy on behalf of its taxing district, in the manner
provided in NRS 354.460, an ad valorem tax on all taxable property within that
taxing district. The rate of the taxes must be apportioned between the taxing
districts, as provided in NRS 280.201, such that the combined rate of the taxes
must, for the fiscal year 1988-1989 and thereafter, except as otherwise
provided in section 4 of this act, be 2 cents for every $100 of the total assessed
valuation of the taxable area.

Sec. 4. 1. The
board of county commissioners, city council or other governing body of each
taxing district in the taxable area shall propose to the registered voters of
its taxing district at the general election held in 1988 the questions of
whether to:

(a) Continue the taxes imposed pursuant to
section 3 of this act; and

(b) Increase the combined rate of the taxes if
the taxes are continued.

2. The increase proposed pursuant to
subsection 1 must not be more than 2 cents for each $100 of the total assessed
valuation of the taxable area in the fiscal year
1989-1990, 4 cents for each $100 in the fiscal year 1990-1991, and 6 cents for
each $100 in each year after the fiscal year 1990-1991.

the fiscal year 1989-1990, 4 cents for each $100 in the
fiscal year 1990-1991, and 6 cents for each $100 in each year after the fiscal
year 1990-1991.

3. If the voters of any taxing district
in the taxable area disapprove the proposed continuation of the taxes, the
taxes must not be imposed in the fiscal year 1989-1990 or thereafter. If the
proposed continuation and increase are approved by the voters of each taxing
district in the taxable area, the taxes must be collected at the combined rate
approved by the people.

Sec. 5. All county officers
charged with the duty of collecting ad valorem taxes shall collect the taxes
imposed pursuant to this act in the same form and manner, and with the same
interest and penalties, as other taxes are collected, and shall pay the taxes
when collected to the department.

Sec. 6. The taxes imposed
pursuant to this act must not be included in the limitations imposed by NRS
354.59805, 354.59811 and 354.59816, and must not affect the amounts that would
otherwise be distributed to the taxing districts in the taxable area from the
supplemental city-county relief tax or the privilege tax on vehicles.

Sec. 7. This act becomes
effective upon passage and approval.

________

CHAPTER 818, SB 371

Senate Bill No.
371Committee on Commerce and Labor

CHAPTER 818

AN ACT relating to insurance; revising the
provisions governing credit life and health insurance; establishing rates for
premiums; establishing standards for formulas for refunds; requiring insurers
to compile certain statistics; authorizing the commissioner of insurance to
inspect records of insurers; requiring an annual audit of insurers; authorizing
the commissioner of insurance to adopt forms for use in the issuance of credit
insurance; prescribing a penalty; and providing other matters properly relating
thereto.

[Approved June 27, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 683A.110 is
hereby amended to read as follows:

683A.110 1. For the purposes
of this section : [,
the following definitions shall apply:]

(a) Bank means any institution that accepts
deposits that the depositor has a legal right to withdraw on demand.

(b) Bank holding company, company, parent,
subsidiary, affiliate and related terms [shall]must be defined by the commissioner in order to
effectuate the purposes of this section, which are to help maintain the
separation between banking and the insurance business and to minimize the
possibilities of unfair competitive activities by banks against insurance
companies, agents and brokers.

2. No bank or bank holding company or its
parent, subsidiaries or affiliates may directly or indirectly be licensed to
sell insurance in this state except as to credit [life
and health] insurance , as defined in
section 9 of this act, and credit property insurance, or be licensed or
admitted as an insurer.

Sec. 2. NRS 683A.260 is
hereby amended to read as follows:

683A.260 1. The commissioner
may issue a limited agents license to an applicant qualified under this
chapter:

(a) Who represents public carriers and in the
course of his representation solicits or sells insurance incidentally to the
transportation of persons or to the storage or transportation of property; or

(b) Whose insurance activities are limited to
the solicitation and sale of:

(1) Credit [life,
credit health,]insurance, as defined in
section 9 of this act, and credit property and casualty insurance; or

(2) Fixed annuities.

2. The commissioner may adopt regulations
which require the applicant to pass an appropriate examination before the
issuance of a license [under]pursuant to this section.

3. A person to whom a license is issued
pursuant to this section may not concurrently hold any other license authorized
by this chapter.

Sec. 3. NRS 687B.122 is
hereby amended to read as follows:

687B.122 1. The provisions
of NRS 687B.122 to 687B.128, inclusive:

(a) Apply to all policies, certificates or
contracts of life or health insurance, including credit [life
or health insurance,]insurance as defined
in section 9 of this act, delivered or issued for delivery in this
state, including policies, certificates or contracts issued by fraternal
benefit societies and hospital, medical or dental service corporations, health
maintenance organizations and other similar organizations, and certificates
issued pursuant to a policy of group insurance delivered or issued for delivery
in this state, except:

(1) Any policy which is a security
subject to federal jurisdiction;

(2) Any policy covering the lives of a
group of 1,000 or more persons as of its date of issuance, other than a group
policy for credit [life insurance or credit
health] insurance and any certificate issued pursuant to any
group policy;

(3) Any group annuity which serves to
finance pension, profit-sharing or deferred compensation plans; or

(4) Any form used in connection with, as
a conversion from, as an addition to or in exchange for a policy delivered or
issued for delivery on a form approved or permitted to be issued before July 1,
1983.

(b) Are not intended to increase any risk
assumed by an insurer.

(c) Do not supersede the provisions of this
Title or other law applicable to the delivery or issuance of policies of
insurance.

(d) Are not intended to restrict or discourage
the development of new policies and provisions.

(e) Do not require standardization of [policy] forms for
or [of] provisions of
policies.

2. Any policy written in a language other
than English shall be deemed to comply with NRS 687B.124 if the insurer
certifies that it is translated from a policy written in English which complies
with that section.

3. The provisions of NRS 687B.122 to
687B.128, inclusive, apply to renewals on or after July 1, 1983, of policies
delivered or issued for delivery before that date.

Sec. 4. Chapter
690A of NRS is hereby amended by adding thereto the provisions set forth as
sections 5 to 35, inclusive, of this act.

Sec. 5. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in sections 6 to 21, inclusive, of this act have the meanings
ascribed to them in those sections.

Sec. 6. Compensation
means any valuable consideration, direct or indirect, paid by or on behalf of
the insurer, or by any subsidiary or parent, or subsidiary of the parent of the
insurer, or by any other person to or on behalf of any group policyholder or
producer or withheld from an insurer by any group policyholder or producer, and
includes:

1. Paid or
credited commissions or contingent commissions.

2. Fees for
services, consulting fees or any other fee paid or credited within or outside this
state in direct relation to the volume of premiums produced or written in this
state.

3. The use of
electronic data processing equipment or services, except for devices provided
in lieu of books and charts of rates and refunds usable only for that purpose.

4. The furnishing
of supplies, except forms approved by the commissioner, the usual forms for
claims and reports, envelopes for transmitting claims and brochures, and books
and charts of rates and refunds.

5. Providing
rental equipment of any type.

6. Advertising.

7. Providing
telephone service without charge or at a charge less than the usual cost.

8. Participation
in a profit-sharing plan.

9. Dividends and
refunds or credits based on experience ratings.

10. An allowance
for expenses.

11. Participation
in stock plans or bonuses.

12. Any form of
credit, including the use of money.

13. Commissions
for reinsurance, ceded or assumed.

14. Reinsurance
with a nonauthorized insurer owned or controlled by a creditor or producer or
with a nonauthorized insurer in which a creditor or producer is a stockholder.

15. Any commission
or fee, inducement or intention to induce, or any other consideration arising
from the sale of insurance or other product or service, except credit insurance
as part of the transaction in which the indebtedness is arranged or the
application for the credit insurance is made.

Sec. 7. Contingent
compensation means compensation based upon the investment income allocable to,
or the loss experience of, the type of credit insurance for which the
compensation is paid.

Sec. 8. Credit
disability insurance means insurance issued on a debtor to provide indemnity
for payments becoming due on a specific loan or other credit transaction while
the debtor is disabled, as defined in the terms of the policy or certificate.

Sec. 9. Credit
insurance means credit life insurance, credit disability insurance,
involuntary unemployment insurance and any other similar form of insurance.

Sec. 10. Credit
life insurance means insurance on the life of a debtor pursuant to or in
connection with a specific loan or other credit transaction.

Sec. 11. Creditor
means the lender of money or vendor or lessor of goods, services, property,
rights or privileges for which payment is arranged through a credit
transaction, and includes:

1. The successor
to the right, title or interest of;

2. An affiliate,
associate or subsidiary of;

3. Any director,
officer or employee of; or

4. Any other
person in any way associated with,

any such lender, vendor or lessor.

Sec. 12. Debtor
means a borrower of money or a purchaser or lessee of goods, services,
property, rights or privileges for which payment is arranged through a credit
transaction.

Sec. 13. Gross
coverage means the amount of insurance on the indebtedness of the debtor.

Sec. 14. Indebtedness
means the total amount payable by a debtor to a creditor in connection with a
loan or other credit transaction and includes the finance charge assigned or to
be assigned to the transaction.

Sec. 15. Involuntary
unemployment insurance means insurance on a debtor to provide indemnity for
payments becoming due on a specific loan or other credit transaction while the
debtor is involuntarily unemployed, as defined in the policy.

Sec. 16. Joint
life insurance means credit life insurance issued to two debtors who are
jointly and severably liable for the debt.

Sec. 17. Level
term plan means credit life insurance that provides a level amount of benefit
for the entire term of the insurance.

Sec. 18. Outstanding
balance basis means the method of paying for credit insurance in which a
separate, identifiable premium is paid each month based on the amount of the
loan then outstanding.

Sec. 19. Primary
compensation means any form of compensation that is not contingent
compensation.

Sec. 20. Producer
means any person licensed pursuant to chapter 683A of NRS who sells or offers
for sale a policy of credit insurance directly to any debtor.

Sec. 21. Single
premium basis means a method for paying for credit insurance in which the
debtor pays or finances the entire required premium in advance, and includes a
transaction where the creditor adds identifiable charges for insurance or
premiums for credit insurance to the indebtedness and a direct or indirect
finance, carrying, credit or service charge is made to the debtor on the
premium or other charge for the insurance.

Sec. 22. 1. Each
insurer who writes credit insurance shall prepare statistics for each policy
year for group policies and for each calendar year for individual policies for
each creditor on whose debtors term credit insurance is provided. The
statistics must reflect separately for each type of credit insurance issued,
and for direct insurance and reinsurance assumed, the following:

(a) Gross premiums
received.

(b) Refunds of premiums
on terminated insurance.

(c) The increase in
reserves for unearned premiums.

(d) Earned premiums.

(e) The amount of claims
paid.

(f) The increase in the
reserves for claims.

(g) The amount of claims
incurred.

(h) The increase in
reserves, except for reserves for unearned premiums and claims.

(i) The amount of
commissions allowed.

(j) Fees and all other
allowances.

(k) The amount of
dividends and refunds paid based on experience ratings.

(l) The average number of
individual policies in force during the calendar year.

2. In addition to
the statistics required in subsection 1, each insurer writing credit disability
insurance shall keep a record for each creditor showing the nature of the
benefits payable, the period from the date the claim is filed until benefits
are paid, and the rates at which premiums are charged.

Sec. 23. 1. The
use or the continuation of compensating balances or accounts of special deposits
in a financial institution in connection either directly or indirectly with a
program for credit insurance is an inducement in violation of NRS 686A.110.
This section applies whether the premium is due the insurer on the single
premium basis or the outstanding balance basis.

2. This section
does not prevent an insurer from making deposits in a financial institution
which are not related to a program for credit insurance.

3. As used in this
section, compensating balances or accounts for special deposits includes the
following types of balances, accounts or practices:

(a) The deposit of
premiums or money, by the financial institution for which the insurer provides
the program of credit insurance, to the account of the insurer in that
financial institution, if the account is either noninterest bearing or
receiving a rate of interest less than usual or is controlled by the financial
institution.

(b) Remitting premiums to
the insurer on a regular basis after the expiration of the grace period specified
in the policy so that the period of arrearages is constant.

(c) The retention of
premiums by an agent to whom the financial institution remits premiums for a
period normally expected to be needed for the
agent or broker to remit the premium to the insurer, if the delay is a
continuing feature of the process for paying premiums.

the agent or broker to remit the premium
to the insurer, if the delay is a continuing feature of the process for paying
premiums.

(d) Any other practice
which delays receipt of premiums by the insurer on a regular basis or which
involves the use of the financial resources of the insurer for the benefit of
the financial institution granting the credit.

Sec. 24. 1. Every
insurer transacting a business of credit insurance in this state shall:

(a) Conduct an annual
audit of all payments for claims made on its behalf by an administrator, claim
representative or group policyholder.

(b) Conduct a review of
each of its accounts for creditors with respect to the business of credit
insurance of the creditor to ensure compliance with this code and the
regulations adopted pursuant to it. The initial review must be conducted not
later than 18 months after July 1, 1987, or the date of the initial credit
transaction between the creditor and the insurer, whichever is later. After the
initial review, the review must be conducted every 24 months.

2. The audit or
review must include, where applicable, a determination that:

(a) The proper charges to
debtors for premiums are made by the creditor and remitted in a timely manner
to the insurer.

(b) The refunds are being
calculated accurately and paid promptly by the creditor.

(c) All claims and
inquiries concerning claims are filed promptly and handled properly.

(d) Amounts of insurance
payable on death, in excess of the amounts necessary to extinguish the
indebtedness, are properly calculated and reported to the secondary beneficiary
of the policy.

(e) The creditor is
promptly and fairly processing complaints concerning its business of credit
insurance and is maintaining proper procedures for and records of the
complaints processed.

3. The insurer
must retain the written results of the audit or review at its home office for
at least 7 years after the date of their completion by the insurer.

4. The cost of the
audit or review must be paid by the insurer and is not chargeable against any
creditor, producer or other entity.

5. In addition to
any other authority granted to the commissioner pursuant to chapter 679B of
NRS, if the commissioner determines that an audit or review required pursuant
to this section is not being conducted or that there is reason to believe that
the audit or review is not complete or is in some manner deficient, he may
cause an audit or review to be conducted by the division or by an independent
auditor. The cost of this audit or review must be paid by the insurer.

Sec. 25. An
order issued by the commissioner for noncompliance with any of the provisions
of this chapter or of the regulations adopted pursuant to it must specify the
date by which the person to whom it is directed must comply with the order.

Sec. 26. 1. Except
as otherwise provided in subsection 2, any rate in the schedule of rates filed
with the commissioner for approval is excessive if it exceeds the amount
prescribed for that type of insurance in the schedules listed in sections 27,
28 and 29 of this act.

2. The
commissioner may approve a rate higher than the rates listed in the schedules
in sections 27, 28 and 29 of this act for credit insurance for a nonstandard
class of risk upon the filing by the insurer of statistical information by the
insurer that justifies the higher rate. If approval is given for the higher
rate, the insurer must file annually with the commissioner the statistical
experience for those rates to justify the continuation of the higher rate.

3. If any policy
of insurance contains provisions which are more restrictive in any material
respect than those provisions for which rates have been approved by the
commissioner, the rates for that coverage must be lowered to reflect the
variance to the extent that a significant difference in the cost of the claim
may reasonably be anticipated.

Sec. 27. 1. The
maximum allowable rates for credit life insurance are as follows:

SINGLE
PREMIUM BASIS - GROSS COVERAGE

Decreasing
Term Level Term Accidental Death

Benefit Insurance Insurance or
Dismemberment

Single Life $0.65 $1.25 $0.05

Joint Life 1.00 1.92 .10

These rates are for $100 of initial
insurance per annum. If an insurer wants to adopt a schedule of rates graduated
according to the size of the group, the rates are acceptable if the rate
approximates a standard of 65 cents per $100 of insurance per annum.

OUTSTANDING
BALANCE BASIS

Level
Term Accidental Death

Benefit Insurance or
Dismemberment

Single $1.04 $0.08

Joint 1.60 .16

These rates are for $1,000 of
outstanding monthly balance of insured indebtedness.

2. The rates in
this section are acceptable only if the coverage contains no exception, limitation
or exclusion except for suicide committed within 2 years after the effective
date of the insurance.

2. The rates in
this section are acceptable only if the coverage issued in conjunction with
those rates contains no exception for a preexisting condition except for a
condition that:

(a) Requires medical
diagnosis or treatment within the 6 months immediately preceding the effective
date of the policy; and

(b) Causes loss within 6
months after the effective date of the policy.

3. Any policy of
insurance using the rates set forth in this section may exclude or restrict
coverage for total disability resulting from intentionally self-inflicted injuries,
foreign travel or residency, flight in nonscheduled aircraft, war or military
service.

4. As used in this
section:

(a) Prospective refers
to a method of paying benefits for credit disability insurance in which the
benefits are payable only after the person has been disabled a minimum number
of days as designated in the contract of insurance.

(b) Retroactive refers
to a method of paying benefits for credit disability insurance in which the
benefits are paid from the date the disability occurs but only after the person
has been disabled a minimum number of days as designated in the contract of
insurance.

Sec. 29. 1. The
maximum allowable rate for involuntary unemployment insurance is $2 for $100 of
insurance per annum, paid on the single premium basis.

2. If a company
adopts a schedule of rates graduated according to the size of the group, the
rates are allowable if they approximate a standard of $2 indicated in
subsection 1.

Sec. 30. 1. A
policy of credit insurance may not contain any restriction based on age except
to exclude from coverage a debtor who is 66 years of age or older at the time
the indebtedness is incurred or who will attain the age of 70 on or before the
date of maturity of the indebtedness.

2. Any restriction
based on age may be used only to determine initial eligibility for coverage.
Except as otherwise provided in subsection 4, such a restriction may not be
used as a basis of terminating existing coverage or denying claims.

3. This section
does not preclude an insurer from challenging a fraudulent misstatement of age
during the contestable period, if the information regarding age is contained in
a written instrument signed by the debtor and a copy of the instrument is given
to the debtor.

4. If a debtor
exceeds the age for eligibility and has correctly stated his age in writing and
a certificate or policy is issued to him in error, the insurer may within 60
days after the date of the indebtedness terminate coverage and refund the full
premium paid by the debtor unless the debtor is disabled or involuntarily
unemployed as defined in the terms of the policy or has died before the date of
termination.

Sec. 31. 1. The
payment of compensation to a producer in excess of 40 percent of the net charge
for premiums is prima facie a violation of the maximum allowable rates as
prescribed in sections 27, 28 and 29 of this act.

2. Any insurer who
pays or proposes to pay, directly or indirectly, compensation to a producer
that totals more than 40 percent of the net charge for premiums for any policy
or certificate shall submit credible statistics annually to the division to
confirm that the rates for the premiums used by the insurer produce a ratio of
incurred losses to premium earned of not less than 50 percent. If the insurer
cannot prove that ratio to the satisfaction of the commissioner with annual
statistical information, the commissioner shall withdraw approval of the
insurers schedule of rates, forms or both the schedule and the forms.

3. The
commissioner may examine any agreement relating to the direct or indirect
payment of primary or contingent compensation to a producer to determine
whether any person is paying or receiving any form of compensation in violation
of this section.

4. As used in this
section, net charge for premiums means the amount of gross premiums received
for credit insurance written, less any refund.

Sec. 32. 1. If
an insurer specifies the formula for a refund in the individual policy or
certificate of group insurance filed for approval by the commissioner and the
filing has been acknowledged and not disapproved by the commissioner, the
formula is acceptable. A formula for a refund which is the sum of the amounts
for each remaining period for payment of the obligation, calculated by
multiplying the amount paid as the premium by a fraction having a denominator
equal to the sum of the total number of periods for payment of the obligation
and a numerator equal to the sum of the remaining number of periods may be
referred to as the sum-of-the-digits formula.

2. The following
are acceptable methods for determining the amount of a refund for the type of
insurance specified:

(a) For a premium for
credit insurance, if the premium is paid on the single premium basis, the
refund must be calculated by the sum-of-the-digits formula.

(b) For a premium for
credit insurance, if the premium is payable other than on the single premium
basis, the refund must equal the prorated unearned gross premium.

3. Refunds may be
calculated by the insurer on a daily or on a monthly basis. The insurer shall
indicate the basis used when he files the formula for calculating refunds for
the approval of the commissioner. Refunds may be calculated on an approximate
daily basis by interpolating proportionately between the values at the
beginning and at the end of the month. For this purpose, every month shall be
deemed to have 30 days. If refunds are calculated on a monthly basis, a charge
may not be made for a period less than 16 days after the date the last monthly
installment was due, but may be made for the full month if the period is 16
days or more.

4. An insurer is
not required to make a refund or credit of the premium pursuant to this section
if the total refund for all credit insurance issued to the debtor by a single
insurer in connection with a loan is less than $3.

Sec. 33. 1. Except
as otherwise provided in subsection 2, an authorized insurer issuing credit
insurance may not enter into any agreement whereby the authorized insurer transfers, by reinsurance or otherwise,
to an unauthorized insurer, as they relate to credit insurance written or issued
in this state:

the authorized insurer transfers, by
reinsurance or otherwise, to an unauthorized insurer, as they relate to credit
insurance written or issued in this state:

(a) A substantial portion
of the risk of loss under the credit insurance written by the authorized
insurer in this state;

(b) All of one or more
kinds, lines, types or classes of credit insurance;

(c) All of the credit
insurance produced through one or more agents, agencies or creditors;

(d) All of the credit
insurance written or issued in a designated geographical area; or

(e) All of the credit
insurance under a policy of group insurance.

2. An authorized
insurer may make the transfers listed in subsection 1 to an unauthorized
insurer if the unauthorized insurer:

(a) Maintains security on
deposit with the commissioner in an amount which when added to the actual
capital and surplus of the insurer is equal to the capital and surplus required
of an authorized stock insurer pursuant to NRS 680A.120. The security may
consist only of the following:

(1) Cash.

(2) General
obligations of, or obligations guaranteed by, the Federal Government, this
state or any of its political subdivisions. These obligations must be valued at
the lower of market value or par value.

(3) Any other type
of security that would be acceptable if posted by a domestic or foreign
insurer.

(b) Files an annual
statement with the commissioner pursuant to NRS 680A.270.

(c) Maintains reserves on
its credit insurance business pursuant to NRS 681B.050.

(d) Values its assets and
liabilities pursuant to NRS 681B.010 to 681B.040, inclusive.

(e) Agrees to examinations
conducted by the commissioner pursuant to NRS 679B.230.

(f) Complies with the
standards adopted by the commissioner pursuant to NRS 679A.150.

(g) Does not hold, issue
or have an arrangement for holding or issuing any of its stock for which dividends
are paid based on:

(1) The experience
of a specific risk of all of one or more kinds, lines, types or classes of
insurance;

(2) All of the
business produced through one or more agents, agencies or creditors;

(3) All of the
business written in a designated geographical area; or

(4) All of the
business written for one or more forms of insurance.

Sec. 34. Any
foreign insurer engaged in the business of reinsuring credit insurance, except
as described in paragraph (g) of subsection 2 of section 33 of this act, before
July 1, 1987, may continue that business:

1. Until 3 months
after the effective date of a change in the ownership of its stock of 10
percent or more of the total stock issued; or

whichever occurs first. On or after
January 1, 1994, every such insurer shall meet the requirements of this
chapter.

Sec. 35. In
addition to any other penalty provided by law, any person who violates any
provision of this chapter or a regulation adopted or a final order of the
commissioner issued pursuant to this chapter shall, after notice and hearing,
pay a civil penalty:

1. In an amount
not to exceed $2,500; or

2. If the
violation is willful, in an amount not to exceed $10,000,

and the commissioner may, after
notice and a hearing, revoke or suspend the license or certificate of authority
of that person.

Sec. 36. NRS 690A.010 is
hereby amended to read as follows:

690A.010 [All
life insurance and all health]Any insurance
issued in connection with loans or other credit
transactions [shall be]is subject to the provisions of this chapter [; but insurance]unless
the insurance is issued in connection with a loan or other credit
transaction of [10]more than 15 years duration or [more
shall not be subject to this chapter after January 1, 1972, nor shall insurance
be subject to this chapter where the issuance thereof]the issuance of the insurance is an isolated
transaction on the part of the insurer and not
related to an agreement or a plan [or regular
course of conduct] for insuring debtors of the creditor.

Sec. 37. NRS 690A.030 is
hereby amended to read as follows:

690A.030 1. Credit
[life insurance and credit health insurance shall]insurance may be issued only in the following
forms:

2. Individual
policies of health insurance issued to debtors on a term plan, or disability
benefit provisions in individual policies of credit life insurance.

3. Group policies
of life insurance issued to creditors providing insurance upon the lives of
debtors on the term plan.

4. Group policies
of health insurance issued to creditors on a term plan insuring debtors, or
disability benefit provisions in group credit life insurance policies to
provide such coverage.]

(b) Group policies of
insurance issued to creditors who provide certificates of insurance to
individual debtors.

2. Either of the
forms described in subsection 1 may include coverage for any combination of the
following types of credit insurance:

(a) Credit life
insurance, which may include a benefit for accidental dismemberment.

(b) Credit disability
insurance.

(c) Involuntary
unemployment insurance.

Sec. 38. NRS 690A.040 is
hereby amended to read as follows:

690A.040 1. [The]Except as
otherwise provided in subsections 3 and 4, the initial amount of credit
life insurance [shall]must not exceed the total amount repayable under the
contract of indebtedness [and, where]plus a reasonable allowance
for delinquencies.

reasonable allowance for
delinquencies. If an indebtedness is repayable in substantially equal
installments, the amount of insurance [shall at
no time exceed the scheduled or actual amount of unpaid indebtedness, whichever
is greater.

2. Notwithstanding
the provisions of subsection 1, insurance on agricultural credit transactions
and other credit transactions not providing for amortization of the
indebtedness and not exceeding 2 years in duration may be written up to the
amount of the loan commitment on a nondecreasing or level term plan.

3. Notwithstanding
the provisions of subsection 1, or any other section, insurance on educational
credit transaction commitments]must
follow a schedule based upon:

(a) The amount required
to liquidate the scheduled indebtedness, less any unearned interest or finance
charge, or upon amortization of the indebtedness at an assumed rate of interest
or finance charge; and

(b) A level amount of
insurance to allow for delinquencies, not to exceed one-sixth of the sum of all
installments due within a 12-month period, except as may be provided by
regulation adopted by the commissioner. If the schedule for repayment of the
indebtedness provides for payments which are substantially equal each month or
each year, the amount of scheduled insurance must be adjusted monthly.

2. Except as
otherwise provided in subsections 3 and 4, and as an alternative to the
provisions of subsection 1, insurance may be written in an amount which does
not initially exceed the amount financed and which at no subsequent time
exceeds the actual indebtedness after deducting unearned interest or finance
charges, if any.

3. Life insurance
for credit transactions not providing for amortization of the indebtedness may
be issued up to the amount of the indebtedness or a level term plan of
insurance may be issued for a term not to exceed the actual term of the
indebtedness.

4. Insurance on
commitments for an educational credit transaction may be [written]issued for
the amount of the [portion of such commitment that]commitment that has not been advanced by the
creditor.

Sec. 39. NRS 690A.050 is
hereby amended to read as follows:

690A.050 [The]1. Except as otherwise provided in
subsection 2, the total amount of periodic indemnity payable [by credit health]pursuant to a policy of credit disability insurance in
the event of disability, as defined in the policy, [shall]or pursuant to a policy of involuntary unemployment
insurance in the event of involuntary unemployment as defined in the policy,
must not exceed the aggregate of the periodic scheduled unpaid
installments of the indebtedness , [;] and the amount of each periodic
indemnity payment [shall]must not exceed the original indebtedness divided by
the number of periodic installments.

2. Credit
disability insurance or involuntary unemployment insurance may be written in
connection with a commitment for an educational credit transaction if the
monthly indemnity does not exceed the amount that results when the total commitment is divided by the number of months in
the term of the transaction.

when the total commitment is divided
by the number of months in the term of the transaction.

Sec. 40. NRS 690A.060 is
hereby amended to read as follows:

690A.060 1. Except as otherwise provided in subsections 2 and 3, the term of
any credit [life insurance or credit health]
insurance must, subject to acceptance by the insurer, [commence]begin on the date [when]
the debtor becomes obligated to the creditor, or the date [when] the debtor applies for the
insurance, whichever is later.

2. If a group policy provides coverage
with respect to existing obligations, the insurance on a debtor with respect to
the indebtedness [must commence]begins on the effective date of the policy or the
effective date of the coverage, whichever is later.

3. If evidence of insurability is
required and the evidence is furnished more than 30 days after the date [when] the debtor becomes obligated to
the creditor, the term of the insurance may [commence]begin on the date [on
which] the insurer determines the evidence to be satisfactory, [and in such event]in which case there must be an appropriate refund or
adjustment of any charge to the debtor for insurance.

4. The insurance must remain in effect
until the day [on which] the final
payment is scheduled to be made. If the indebtedness is discharged by renewal
or refinancing before the date [on which]
it would have been repaid if payments had been made as scheduled, the insurance
in force must be terminated before any new insurance may be issued in
connection with the renewed or refinanced indebtedness. [In
all cases of termination before scheduled maturity, a refund must be paid or
credited as provided in NRS 690A.090.

5. An insurer is
not liable for payments not made by the insured or for charges not paid before
the date of a loss which gives use to a claim.]

5. To the extent a
dispute arises between insurers as to the liability of the insurers for a
specific claim, the original insurer is obligated to honor the claim pending a
resolution of the dispute.

Sec. 41. NRS 690A.070 is
hereby amended to read as follows:

690A.070 1. All credit [life insurance and credit health insurance shall]insurance must be evidenced by an individual
policy, or in the case of group insurance by a certificate of insurance . [, which individual
policy or group certificate shall be delivered to the debtor.

2. Each individual
policy or group certificate of such insurance shall,]

2. Each policy or
certificate must, in addition to other requirements of law:

(a) Set forth the full
name of the insurer and the
address of its home office [address of the
insurer, the name or names], the name
of the debtor or , in the case of a certificate
under a group policy, the identity of the debtor
by name or otherwise ; [of
the debtor;]

(b) Set forth separately
for each type of credit insurance the rate for
the premium [rate] or the amount of payment, if any, by the debtor ,[separately for credit
life insurance and credit health insurance,] and a description of
the coverage, including the amount and term [thereof,] of
the coverage, and any exceptions, limitations and restrictions; and

coverage, including the amount and term [thereof,]of the
coverage, and any exceptions, limitations and restrictions; and

(c) State that the benefits [shall be paid]are
payable to the creditor to reduce or extinguish the unpaid indebtedness
and, [wherever]if the amount of insurance [may
exceed]exceeds the unpaid
indebtedness, that [any such excess shall be]the excess is payable to a beneficiary, other
than the creditor, named by the debtor or to his estate .
[; and

(d) Provide for refund of
premiums, as required by NRS 690A.090.

3. The]

3. Except as
otherwise provided in this section, the individual policy or group
certificate of insurance [shall]must be delivered to the insured debtor at the time the
indebtedness is incurred . [except as provided in this section.]

4. If a debtor makes a separate payment
for credit life or credit health insurance and an individual policy or group
certificate of insurance is not delivered to the debtor at the time the
indebtedness is incurred, a copy of the application for [such
policy]the insurance or a notice
of proposed insurance [shall]must be delivered at such time to the debtor. The copy
of the application for or notice of proposed insurance [shall:]must:

(a) Be signed by the debtor;

(b) Set forth the identity by name or otherwise
of the person [or persons] insured;

(c) Set forth separately
for each type of coverage the [rate or]
amount of payment by the debtor, if any ; [, separately for credit life insurance and credit
health insurance;]

(d) Contain a statement that within 30 days [, if the insurance is accepted by the insurer, there
will be delivered to the debtor]after
acceptance of the contract by the insurer, an individual policy or group
certificate of insurance [containing the name and
home office address of the insurer, a description of the amount, term and
coverage including any exceptions, limitations and restrictions;]will be delivered to the debtor; and

(e) Refer exclusively to insurance coverage, and
[shall]must
be separate [and apart] from the
loan, sale or other credit statement of account, instrument or agreement,
unless the information required by this subsection is prominently set forth [therein.]in the
application or notice.

Upon acceptance of the insurance by the insurer and within
30 days [of the date upon which the]after the indebtedness is incurred, the insurer
shall cause the individual policy or group certificate of insurance to be
delivered to the debtor. [Such]The application or notice of proposed insurance [shall]must
state that upon acceptance by the insurer, the insurance [shall become]becomes
effective as provided in NRS 690A.060.

5. If the [named]
insurer named in the application or notice of proposed
insurance does not accept the risk, [then]but another insurer accepts the risk, the debtor [shall]must
receive a policy or certificate of insurance from that
insurer setting forth the full name [and home office] of the substituted
insurer , the address of its home office and the
amount of the premium to be charged . [, and if]If
the amount of premium is less than that set forth in the notice of proposed
insurance, an appropriate refund [shall]must be made.

690A.080 1. [All such policies, certificates of insurance, notices
of proposed insurance, applications for insurance, endorsements and riders
delivered or issued for delivery in this state and the schedule of premium
rates pertaining thereto shall be filed with the commissioner.

2.]Each insurer shall file with the commissioner for his approval
a copy of:

(a) Any policy,
certificate of insurance, notice of proposed insurance, application for
insurance, endorsement and rider relating to credit insurance.

(b) The schedules of
rates for premiums and the formulas for refunds relating to credit insurance.

2. No book, chart,
card or table of rates or table of refunds may be used or distributed by any
insurer or its agents in this state unless they contain in a prominent place
the full name of the insurer and the address of its home office.

3. The
commissioner shall, within 30 days after [the
filing of any such policies, certificates of insurance, notices of proposed
insurance, applications for insurance, endorsements and riders, disapprove any
such form]its filing, approve the policy,
certificate of insurance, notice of proposed insurance, application for
insurance, endorsement or rider if the [table
of premium rates charged or to be charged appears by reasonable assumptions to
be excessive in relation to benefits,]benefits
provided are reasonable in relation to the premium, or if it [contains provisions which are]does not contain any provision which is unjust, unfair,
inequitable, misleading, deceptive or [encourage]encourages misrepresentation of the coverage, or [are]is
contrary to any provision of this code or of any [rule
or regulation promulgated thereunder. In determining whether to disapprove any
such forms the commissioner shall give due consideration to past and
prospective loss experience within and outside this state, to underwriting
practice and judgment to the extent appropriate, and to all other relevant
factors within and outside this state.

3. If the
commissioner notifies the insurer that the form is disapproved, it is unlawful
thereafter for such insurer to issue or use such form. In such notice, the
commissioner shall specify the reason for his disapproval and state that a
hearing will be granted within 20 days after a request in writing by the insurer.
No such policy, certificate of insurance, notice of proposed insurance, or any
application, endorsement or rider shall be issued or used until the expiration
of 30 days after it has been so filed, unless the commissioner gives his prior
written approval thereto.

4.]regulation adopted pursuant to it.

4. The
commissioner may adopt by regulation forms for use in the issuance of credit
insurance, including applications, policies, forms for claims and any other
forms required for the sale, issuance and administration of credit insurance.
An insurer may elect to use those forms in lieu of any other forms. If an
officer of the insurer submits, in the manner prescribed
by the commissioner, a written certification to the commissioner that the forms
used by the insurer are identical to those adopted by the commissioner, the
insurer is not required to file those forms with the commissioner for approval.

prescribed by the commissioner, a
written certification to the commissioner that the forms used by the insurer
are identical to those adopted by the commissioner, the insurer is not required
to file those forms with the commissioner for approval.

5. All forms
adopted by the commissioner pursuant to subsection 4 shall be deemed to contain
the minimum standards for other forms of the same type. Before January 1, 1989,
each insurer issuing credit insurance in this state shall:

(a) Adopt for its use the
form adopted by the commissioner; or

(b) Refile its own forms
with the commissioner to determine if they meet the minimum standards adopted
by the commissioner.

6. The
commissioner may, at any time after a hearing held not less than 20 days after
written notice to the insurer, withdraw his approval of any such [form]item
on any ground set forth in subsection [2.]3. The written notice of [such
hearing shall]the hearing must
state the reason for the proposed withdrawal.

[5.]7. The insurer shall not issue [such forms or use them]the item or use it after the effective date of [such]the
withdrawal.

[6.]8. If a group policy has been delivered in
this state before January 1, 1972, or has been or is delivered in another state
before ,[or]
on or after January 1, 1972, the insurer shall [be
required to] file only the group certificate and notice of
proposed insurance delivered or issued for delivery in this state as specified
in subsections 2 and 4 of NRS 690A.070, and [such
forms shall]the forms must be
approved by the commissioner if they conform with the requirements specified in
[such]those
subsections and if the schedules of [premium]
rates for premiums applicable to the insurance
evidenced by [such]the certificate or notice are not in excess of the
insurers schedules of [premium] rates
for premiums filed with the commissioner. [The premium rate in effect on existing group policies
may be continued until the first policy anniversary date following January 1,
1972.]

Sec. 43. NRS 690A.090 is
hereby amended to read as follows:

690A.090 1. Any insurer may
revise its schedules of [premium rates from time
to time,]rates for premiums, and
shall file [such]the revised schedules with the commissioner. [No]An insurer
shall not issue any policy
of credit [life insurance or credit health
insurance policy]insurance for
which the rate for the premium [rate] exceeds that determined by the
schedules of [such insurer as then]that insurer on file with the commissioner.

2. Each individual policy or group
certificate [shall]must provide that in the event of termination of the
insurance [prior to]before the scheduled date of maturity
[date] of the indebtedness, any
refund of an amount paid by the debtor for insurance [shall]must be paid or credited promptly to the person
entitled [thereto. The commissioner shall
prescribe a minimum refund and no refund which would be less than such minimum
need be made. The formula to be used in computing such refund shall be filed
with and approved by the commissioner.]to
the refund.

3. If a creditor requires a debtor to
make any payment for credit [life insurance or
credit health] insurance and an individual policy or group
certificate of insurance is not issued, the creditor shall immediately give
written notice to [such]the debtor and shall promptly [make
an appropriate credit to the account.]credit
the account of the debtor for the amount so paid.

4. The amount charged to a debtor by a creditor for any type of
coverage under a policy of credit [life
insurance or credit health insurance shall]insurance must not exceed the premiums charged by the
insurer, as computed at the time the charge to the debtor is determined.

[5. Nothing
in this chapter shall be construed to authorize any payments for insurance not
prohibited under any statute, or rule thereunder, governing credit
transactions.]

Sec. 44. NRS 690A.100 is
hereby amended to read as follows:

690A.100 The [insurance]
premium or other identifiable charge for credit [life
insurance or credit health] insurance may be collected from the
insured or included in the principal of any loan or other transaction at the
time [such]the
transaction is completed.

Sec. 45. NRS 690A.110 is
hereby amended to read as follows:

690A.110 The premium or cost of credit [life insurance or credit health]
insurance when issued through any creditor [shall
not be]is not subject to NRS
688B.180 [(application of dividends; rate
reductions)] and 689B.060 [(readjustment
of premiums; dividends) of this act] and shall not be deemed
interest or charges, or consideration, or an amount in excess of permitted
charges in connection with the loan or other credit transaction, and any gain
or advantage to the creditor arising out of the premium or commission or
dividend from the issuance of such insurance shall not be deemed a violation of
any other law, general or special, civil or criminal, of [the State of Nevada.]this state.

Sec. 46. NRS 690A.120 is
hereby amended to read as follows:

690A.120 All policies and certificates of credit [life
insurance and credit health insurance shall]insurance may be delivered or issued for delivery in
this state only by an insurer authorized to do an insurance business [therein, and shall]in this state, and may be issued only through holders
of licenses or [authorizations]certificates of authority issued by the commissioner.

Sec. 47. NRS 690A.130 is
hereby amended to read as follows:

690A.130 1. All claims [shall]must be
promptly reported to the insurer or its designated [claim]
representative, and the insurer shall maintain adequate [claim
files.]files on all reported claims. All
claims [shall]must be settled as soon as possible and in accordance
with the terms of the insurance contract.

2. All claims [shall]must be paid either by draft drawn upon the
insurer or by check of the insurer to the order of [the]:

(a) The claimant
to whom payment of the claim is due pursuant to the provisions
of the policy [provisions, or upon
direction of such claimant to one specified.]; or

(b) Any other person
designated by the claimant to whom payment is due.

3. No plan or arrangement [shall]may be
used whereby any person other than the insurer or its designated [claim] representative is authorized to
settle or adjust claims. The creditor [shall]may not be designated as [claim]the representative for the insurer in adjusting
claims , [;]
but a group policyholder may, by arrangement with the group insurer, draw
drafts or checks in payment of claims due [to]
the group policyholder subject to the periodic audit
[and review by]of the insurer.

Sec. 48. NRS 690A.140 is
hereby amended to read as follows:

690A.140 When any
form of credit [life insurance or credit
health] insurance is required as additional security for any
indebtedness, the debtor [shall, upon request to
the creditor, have the option of furnishing]may furnish the required amount of insurance through
existing policies of insurance owned or controlled by him or [of procuring and furnishing]procure or furnish the required coverage through any
insurer authorized to transact [an insurance
business within]the business of insurance
in this state.

Sec. 49. NRS 675.300 is
hereby amended to read as follows:

675.300 1. A licensee may
request that a borrower insure tangible property when offered as security for a
loan under this chapter against any substantial risk of loss, damage or
destruction for an amount not to exceed the actual value of the property and
for a term and upon conditions which are reasonable and appropriate considering
the nature of the property and the maturity and other circumstances of the
loan.

2. A licensee may require that a borrower
provide title insurance on real property offered as security for a loan under
this chapter. The title insurance must be placed through a title insurance
company authorized to do business in this state.

3. A licensee may provide, obtain or take
as security for a loan insurance on the life and on the health or disability,
or both, of one or more parties obligated on the loan if the insurance complies
with the applicable provisions of chapter 690A of NRS.

4. In accepting any insurance provided by
this section as security for a loan, the licensee may include the premiums or
identifiable charge as part of the principal or may deduct the premiums or
identifiable charge therefor from the proceeds of the loan, which premium or
identifiable charge must not exceed those filed with and approved by the
commissioner of insurance, and remit those premiums to the insurance company
writing the insurance, and any gain or advantage to the licensee, any employee,
officer, director, agent, affiliate or associate from the insurance or its sale
may not be considered as additional or further charge in connection with any
loan made under this chapter. Not more than one policy of life insurance and
one policy providing accident and health coverage may be written by a licensee
in connection with any loan transaction under this chapter, and a licensee
shall not require the borrower to be insured as a condition of any loan. If the
unpaid balance of the loan is prepaid in full by cash or other thing of value,
refinancing, renewal, a new loan or otherwise, the charge for any credit life
insurance and any credit accident and health insurance must be refunded or
credited [in accordance with the method
established in this chapter for refunding or
computing credit charges.

refunding or computing credit
charges. Whenever insurance is written in connection with a loan transaction
pursuant to this section, the licensee shall deliver or cause to be delivered
to the borrower the certificate, instrument or other memorandum showing the
cost of the insurance to the borrower, within 30 days from the date of the
loan.]as prescribed in chapter 690A of
NRS. The insurance must be written by a company authorized to conduct
business in this state, and the licensee shall not require the purchase of the
insurance from any agent or broker designated by the licensee.

[5. Every
insurance policy or certificate written in connection with a loan transaction,
pursuant to subsection 2 must provide for cancellation of the coverage and a
refund of the premium or identifiable charge unearned, upon the discharge of
the loan obligation for which the insurance is security, without prejudice to
any claim. The refund must be under a formula filed by the insurer with the
insurance division of the department of commerce.]

Sec. 50. NRS 690A.020 is
hereby repealed.

________

CHAPTER 819, SB 595

Senate Bill No.
595Committee on Taxation

CHAPTER 819

AN ACT relating to counties; providing for
the creation and organization of Bullfrog County; authorizing a higher levy of
ad valorem taxes in certain counties; making various other changes relating to
counties; and providing other matters properly relating thereto.

[Approved June 29, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 243 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2, 3 and
4 of this act.

Sec. 2. There
shall be a county, to be known as Bullfrog County, to include all that part of
the State of Nevada within the boundaries described as follows: Beginning at
the northwest corner of unsurveyed section 6, unsurveyed T. 12 S., unsurveyed
R. 49 E., M.D.B. & M.; thence easterly along a line common to the
protracted corner of unsurveyed section 1, unsurveyed T. 12 S., unsurveyed R.
50 E., M.D.B. & M.; thence southerly along a line common to the protracted
range line between R. 50 E. and R. 51 E., to the southeast corner of unsurveyed
section 36, unsurveyed T. 12 S., unsurveyed R. 50 E., M.D.B. & M.; thence
westerly along the south line of unsurveyed section 36 to a point along the
south line of unsurveyed section 36, unsurveyed T. 12 S., unsurveyed R. 50 E.,
M.D.B. & M.; thence southerly along the east line of unsurveyed sections 9,
16, 21, 28 and 33 to the southeast corner of unsurveyed section 33, unsurveyed
T. 13 S., unsurveyed R. 50 E., M.D.B. & M.; thence continuing southerly
along the east line of unsurveyed section 4 to the southeast corner of
unsurveyed section 4, unsurveyed T.

Sec. 4. The
territory described in section 1 of this act is detached and set aside from Nye
County and Bullfrog County erected therefrom.

Sec. 5. Chapter 244 of NRS
is hereby amended by adding thereto the provisions set forth as sections 6, 7
and 8 of this act.

Sec. 6. 1. In
any county in which, upon creation or as of 6 months before any general
election, less than 10 qualified electors reside, the governor shall appoint
the members of the board of county commissioners and the county clerk, county
assessor, county recorder, county auditor, sheriff, district attorney and
public administrator who, but for the provisions of this section, would have
been elected at that general election.

2. Each member of
a board of county commissioners appointed pursuant to this section:

(a) Must be a qualified
elector of the state;

(b) Must have such other
qualifications as are provided in this chapter; and

(c) Must not hold any
other elective office.

3. Each other
officer appointed pursuant to this section must meet all qualifications for the
office to which he is appointed.

4. All
appointments made pursuant to this section must be for the same terms as if the
officers were elected.

Sec. 7. In
any county for which a member of the board of county commissioners or any other
officer is appointed pursuant to section 6 of this act, the governor shall
continue to appoint its officers until the county has maintained a total of 10
or more qualified electors as residents continuously for 2 years.

Sec. 8. In
any county in which the offices of county clerk, county recorder, county
auditor, sheriff, district attorney and public administrator are all filled or
to be filled by appointment pursuant to section 6 of this act, the governor may consolidate the offices into one or more
county offices if it finds that such consolidation would be in the best
interests of the county.

the governor may consolidate the
offices into one or more county offices if it finds that such consolidation
would be in the best interests of the county.

Sec. 9. NRS 244.020 is
hereby amended to read as follows:

244.020 1. [County commissioners shall]Except as otherwise provided in section 6 of this act, county
commissioners must be qualified electors of their respective counties
and have such other qualifications as are provided in this chapter.

2. No county or township officer [shall be]is eligible
to the office of county commissioner.

Sec. 10. NRS 244.025 is
hereby amended to read as follows:

244.025 1. [County commissioners shall]Except as otherwise provided in section 6 of this act, county
commissioners must be elected by the qualified electors of their
respective counties.

2. At the general election held in 1968
and at the general election every 4 years thereafter, two persons [shall]must be
elected to serve on the board of county commissioners for terms of 4 years.

3. At the general election held in 1970
and at the general election held every 4 years thereafter, one person [shall]must be
elected to serve on the board of county commissioners for a term of 4 years.

4. This section does not apply to
counties having a population of 100,000 or more.

Sec. 11. NRS 244.040 is
hereby amended to read as follows:

244.040 1. Any vacancy
occurring in any board of county commissioners must be filled by appointment of
the governor. Except in Carson City, the governor shall appoint a suitable
person who is a member of the same political party as the most recent holder of
the vacant office.

2. The term of office of a person
appointed to the office of county commissioner pursuant
to this section does not, by virtue of the appointment, extend beyond 12
p.m. of the day preceding the 1st Monday of January next following the next
general election.

Sec. 12. NRS 244.1505 is hereby
amended to read as follows:

244.1505 1. A board of
county commissioners may expend money for any purpose which will provide a
substantial benefit to the inhabitants of the county [.]or the state. The board may grant all or part of
the money to [a]:

(a) The state; or

(b) A private
organization, not for profit, to be expended for the selected purpose.

2. A grant to a private organization must
be made by resolution which must specify:

(a) The purpose of the grant;

(b) The maximum amount to be expended from the
grant; and

(c) Any conditions or other limitations upon its
expenditure.

Sec. 13. NRS 244.335 is
hereby amended to read as follows:

244.335 1. Except as otherwise provided in [subsection
2,]subsections 2 and 3, the board
of county commissioners may:

(a) Regulate all character of lawful trades,
callings, industries, occupations, professions and
business conducted in its county outside of the limits of incorporated cities
and towns.

occupations, professions and business conducted in its
county outside of the limits of incorporated cities and towns.

(b) Fix, impose and collect a license tax for revenue
or for regulation, or for both revenue and regulation, on such trades,
callings, industries, occupations, professions and business.

2. The county license boards have the
exclusive power in their respective counties to regulate the business of conducting
a dancing hall, escort service, or gambling game or device permitted by law,
outside of an incorporated city. The county license boards may fix, impose and
collect license taxes for revenue or for regulation, or for both revenue and
regulation, on such businesses.

3. The board of
county commissioners may regulate all industries, occupations, professions and
business in its county which involve high-level nuclear waste, including
without limitation, the act of transporting the waste into or through the
county by motor vehicle, railroad car or any other means, and may fix, impose
and collect a license tax for revenue or for regulation, or for both revenue
and regulation, on such trades, callings, industries, occupations, professions
and business.

4. No
license to engage in business as a seller of tangible personal property may be
granted unless the applicant for the license presents written evidence that:

(a) The department of taxation has issued or
will issue a permit for this activity, and this evidence clearly identifies the
business by name; or

(b) Another regulatory agency of the state or an agency of the Federal Government has issued or
will issue a license required for this activity.

[4.]5. Any license tax levied for the purposes
of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the
real and personal property of the business upon which the tax was levied until
the tax is paid. The lien must be enforced in the following manner:

(a) By recording in the office of the county
recorder, within 90 days following the date on which the tax became delinquent,
a notice of the tax lien containing the following:

(1) The amount of tax due and the
appropriate year;

(2) The name of the record owner of the
property;

(3) A description of the property
sufficient for identification; and

(4) A verification by the oath of any
member of the board of county commissioners or the county fair and recreation
board; and

(b) By an action for foreclosure against the
property in the same manner as an action for foreclosure of any other lien,
commenced within 2 years after the date of recording of the notice of the tax
lien, and accompanied by appropriate notice to other lienholders.

[5.]6. The board of county commissioners may
delegate the authority to enforce liens from taxes levied for the purposes of
NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board.
All information concerning license taxes levied by an ordinance authorized by
this section or other information concerning the business affairs or operation
of any licensee obtained as a result of the payment of
such license taxes or as the result of any audit or examination of the books by
any authorized employee of a county fair and recreation board of the county for
any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive,
is confidential and must not be disclosed by any member, officer or employee of
the county fair and recreation board or the county imposing the license tax
unless the disclosure is authorized by the affirmative action of a majority of
the members of the appropriate county fair and recreation board.

obtained as a result of the payment of such license taxes or
as the result of any audit or examination of the books by any authorized
employee of a county fair and recreation board of the county for any license
tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is
confidential and must not be disclosed by any member, officer or employee of
the county fair and recreation board or the county imposing the license tax
unless the disclosure is authorized by the affirmative action of a majority of
the members of the appropriate county fair and recreation board. Continuing
disclosure may be so authorized under an agreement with the department of
taxation for the exchange of information concerning taxpayers.

Sec. 14. NRS 245.040 is hereby
amended to read as follows:

245.040 1. Sheriffs, county
recorders and county auditors, county clerks, county assessors and county
treasurers shall keep an office at the county seat of their county which shall
be kept open on all days except Sundays and
nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays,
nonjudicial days and Saturdays from 1 p.m. to 5 p.m. for the transaction of
public business, but nothing contained herein shall be construed so as to
interfere with any duty now required of any public official under any of the
election laws of this state. County clerks shall keep their offices open on all
election days during the hours when the polls are open for voting but may, with
the consent of the district judge of the county, close their offices for all
purposes except election business and the issuance of marriage licenses on any
day on which the primary or general election is held.

2. Notwithstanding the provisions of
subsection 1, the board of county commissioners of any county may, by an order
regularly made and entered in the records of its proceedings, designate the
days and hours during which the offices of the sheriff, county recorder and
county auditor, county clerk, county assessor and county treasurer shall be kept
open for the transaction of public business. [Any]Except in a county whose officers are appointed pursuant
to section 6 of this act, any order so made and entered [shall]must
require each office to be kept open for not less than 40 hours during each week,
and [shall]must
not prevent the county clerk from closing his office for all purposes except
election business and the issuance of marriage licenses on primary and general
election days as provided in subsection 1.

3. Any officer violating the provisions
of this section [shall be deemed]is guilty of a misdemeanor, and if any officer
mentioned in subsection 1 [shall absent]absents himself from his office except:

(a) When called away from his office by official
duties;

(b) When expressly permitted so to do by the
board of county commissioners or a majority of the members thereof in writing;
or

(c) When he first makes provision to leave his
office open for the transaction of public business on the days and during the
hours prescribed by this section and in charge of a deputy [duly] qualified to act in his absence,

there [shall]must be withheld from his monthly salary that
proportion thereof as the number of days of absence bears to the number of days
of the month in which such absence occurs.

month in which such absence occurs. [Such
sum shall]The money must be
withheld from payment of salary to the officer for the next succeeding month by
order of the board of county commissioners; but no order in the premises [shall]may
be made without first giving the officer affected reasonable notice and an
opportunity to appear before the board and defend the charge against him.

Sec. 15. NRS 245.043 is
hereby amended to read as follows:

245.043 1. As used in this
section:

(a) County includes Carson City.

(b) County commissioner includes the mayor and
supervisors of Carson City.

2. Except as otherwise
provided by any special law, the elected officers of the counties of
this state , or the persons appointed to those offices, are
entitled to receive annual salaries in the base amounts specified in the
following table. The annual salaries are in full payment for all services
required by law to be performed by such officers. Except as otherwise provided
by law, all fees and commissions collected by such officers in the performance
of their duties must be paid into the county treasury each month without
deduction of any nature.

245.050 [All]Except in counties whose officers are appointed pursuant
to section 6 of this act, all county officers and regular and temporary
employees of the counties [shall]are entitled to be paid their salaries as fixed by law,
ordinance or resolution either at regular 2-week intervals or in two equal
semimonthly payments. If salaries are paid semimonthly, the first semimonthly
payment for each month [shall]must be for the first half of that particular month,
and the second semimonthly payment [shall]must be for the last half of the month.

Sec. 17. NRS 361.453 is
hereby amended to read as follows:

361.453 [The]1. Except as otherwise provided in subsection
2, total ad valorem tax levy for all public purposes must not exceed
$3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed
by the state board of examiners if the state board of examiners is directed by
law to fix a lesser or greater amount for that fiscal year.

2. The total ad
valorem tax levy in a county in which one or more of the county commissioners
is appointed pursuant to section 6 of this act must not exceed $5 on each $100
of assessed valuation.

Sec. 18. The sections,
townships and ranges used in the description of Bullfrog County are as
represented on the map entitled Beatty Quadrangle, Nevada-California, 1:100
000 Scale Series (Planimetric), 1978 Surface Management Status, edited and
published by the United States Bureau of Land Management.

Sec. 19. As soon as
practicable after the effective date of this act the governor shall appoint:

1. To the board of county commissioners
of Bullfrog County:

(a) Two persons qualified pursuant to section 6
of this act to serve until 12 p.m. on December 31, 1990; and

(b) One person qualified pursuant to section 6
of this act to serve until 12 p.m. on December 31, 1988.

2. One or more officers for Bullfrog
County pursuant to the provisions of sections 6 and 8 of this act.

Sec. 20. This act becomes
effective upon passage and approval.

________

κ1987
Statutes of Nevada, Page 2312κ

CHAPTER 820, SB 187

Senate Bill No. 187Committee
on Finance

CHAPTER 820

AN ACT making an appropriation for the
support of programs to make adults literate; and providing other matters
properly relating thereto.

[Approved June 29, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the department of
education for distribution to the county school districts, the University of
Nevada System and appropriate nonprofit or voluntary organizations to provide
additional support for programs to increase the literacy of adults:

For the fiscal year 1987-88................................................ $110,000

For the fiscal year 1988-89................................................ 110,000

2. Any balance of the sums appropriated
by subsection 1 of this act remaining at the end of the respective fiscal years
must not be committed for expenditure after June 30 and reverts to the state
general fund as soon as all payments of money committed have been made.

________

CHAPTER 821, SB 64

Senate Bill No. 64Committee
on Government Affairs

CHAPTER 821

AN ACT relating to the Colorado River
commission; eliminating the requirement for ratification by the governor of
certain contracts or agreements by the commission concerning the transmission
or sale of power; and providing other matters properly relating thereto.

[Approved June 29, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 538.161 is
hereby amended to read as follows:

538.161 The commission shall:

1. Collect and arrange all data and
information connected with the Colorado River and its tributaries which may
affect or be of interest to this state.

2. Represent and act for the State of
Nevada in the negotiation and execution of contracts, leases or agreements for
the use, exchange, purchase or transmission of power from any source, or for
the planning, development or ownership of facilities for the generation and
transmission of electricity, both within and outside Nevada, for the greatest
possible benefit to this state, and present such contracts, leases or
agreements to the governor for his information .

his information . [and approval.] The commission may
contract for the supply of electric energy to any corporation or cooperative
created under the laws of this state that is being operated principally for
service to Nevada citizens and may be serving incidental energy to citizens of
other states contiguous to its service area in Nevada. If such a corporation or
cooperative so requests, the commission may contract to supply electric energy
directly for the corporation or cooperative.

3. Represent the State of Nevada in such
interstate or other conferences or conventions as may be called for the
consideration of the development of reclamation and power projects connected
with the Colorado River or its tributaries, or in connection with Hoover Dam or
other federally operated dams.

4. Render the friendly cooperation of the
State of Nevada to [such]
constructive enterprises [as look to]concerned with the conservation of the waters of
the Colorado River and its tributaries and the development of power thereon.

5. Render friendly cooperation to [,]industries
located in other states, negotiate with them and
invite [industries]them to locate within Nevada.

6. Negotiate with the representatives of
other states and the United States in an endeavor to settle equitably and
define the rights of the states and of the United States in the water of the
Colorado River and its tributaries.

7. Make and enter into agreements,
compacts or treaties between the State of Nevada and the States of Arizona,
California, Colorado, New Mexico. Utah, Washington, Oregon, Idaho and Wyoming,
either jointly or severally. The agreements, compacts or treaties are not
binding upon the State of Nevada until ratified and approved by the legislature
and governor of the State of Nevada.

8. Report to the governor such measures
and legislative action as [may be deemed]it deems necessary to secure to the people of
Nevada all possible benefits from the water of the Colorado River allocated to
or contracted by the State of Nevada and the power allocated to or contracted
by the State of Nevada to be generated at Hoover Dam or elsewhere within the
Colorado River stream system or from any power development in the western
United States for the greatest possible benefit to the State of Nevada.

9. Cooperate with other states or federal
agencies to establish, conduct and maintain power, water and irrigation
projects.

Sec. 2. NRS 538.251 is
hereby amended to read as follows:

538.251 1. Except as
provided in subsection 2, all contracts entered into by the commission
pertaining to the water of the Colorado River belonging or allotted to or
contracted by the State of Nevada and the electrical power developed at Hoover
Dam or elsewhere on the Colorado River, or contracts entered into pertaining to
power or water, or both, belonging, allotted to or contracted by the State of
Nevada, or for planning, development or ownership of facilities for the
generation and transmission of electricity are not binding upon the State of
Nevada until approved by the governor.

2. [An]Any contract or agreement by the commission for the transmission of electrical power or to sell [short-term]:

(a) Supplemental power to
a holder of a long-term firm contract with the state for power if the
supplemental power is procured by the commission from a prearranged source and
is secured by the holder for his own use; or

(b) Short-term or
interruptible power on short notice for immediate acceptance to a holder of a
long-term firm contract with the state for power who can take delivery of the
short-term or interruptible power when it is available ,

does not need the approval of the governor to be binding
upon the state.

________

CHAPTER 822, AB 494

Assembly Bill No. 494Committee
on Government Affairs

CHAPTER 822

AN ACT relating to the Fort Mohave Valley
development fund; establishing priorities for use of the money in the fund;
requiring reimbursement to the fund under certain circumstances; authorizing
grants from the fund for certain water and sewerage systems; and providing
other matters properly relating thereto.

[Approved June 29, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 321.460 is
hereby amended to read as follows:

321.460 1. There is hereby
created in the state treasury, for use of the commission in carrying out the
provisions of NRS 321.390 to 321.470, inclusive, a special revenue fund to be known
as the Eldorado Valley development fund.

2. The interest and income earned on the
money in the Eldorado Valley development fund, after deducting any applicable
charges, must be credited to the fund.

3. [None]Except as otherwise provided in NRS 321.470, none of
the money in the fund may be used for any purpose other than to acquire the
land described in NRS 321.410 and to carry out the provisions of NRS 321.450.

4. Money in the Eldorado Valley
development fund must be paid out on claims against the fund as other claims
against the state are paid, after the claims have been approved by the
commission.

Sec. 2. NRS 321.470 is
hereby amended to read as follows:

321.470 1. Any money
received by the commission in connection with the development or disposition of
any [lands]land
described in NRS 321.410 must be deposited in the state treasury to the
credit of the Eldorado Valley development fund.

2. Immediately following a deposit, the
state controller and the state treasurer shall calculate and retain an amount
of money equal to the necessary expenses incurred in the
acquisition of any land described in NRS 321.410 and shall transfer the
remaining amount to the state general fund or the Fort Mohave Valley
development fund, or both, until the transfers have resulted in complete
reimbursement to [the state general fund] each of those funds for all money
[appropriated] :

necessary expenses incurred in the acquisition of any land described in NRS
321.410 and shall transfer the remaining amount to the state general
fund or the Fort Mohave Valley development fund, or
both, until the transfers have resulted in complete reimbursement to [the state general fund]each of those funds for all money [appropriated]:

(a) Appropriated from
the state general fund to the Eldorado Valley development fund [.]; and

(b) Used from the Fort
Mohave Valley development fund pursuant to paragraph (b) of subsection 4 of NRS
321.536,

(1) Preparation of
a proposal, plans for a subdivision, plans for a zoning district or zoning
regulations, or any other acts in conformance with chapters 278 and 278A of NRS
and any local master plans, regulations and ordinances governing the
improvement or use of land or the location and construction of structures;

(2) Planning,
design, construction or any other act necessary to acquire, extend, alter,
reconstruct, repair or make other improvements to a project; and

(3) Solicitation,
consideration and approval of proposals for the use of land,

in the Fort Mohave Valley.

2. As used in this
section, project means any structure, facility, undertaking or system which a
county, city, town, general improvement district or special district is
authorized to acquire, improve, equip, maintain or operate, including all kinds
of personal and real property, improvements and fixtures thereon, property of any
nature appurtenant thereto or used in connection therewith and every estate,
interest and right therein, legal or equitable, including terms for years, or
any combination thereof.

Sec. 4. NRS 321.510 is
hereby amended to read as follows:

321.510 1. The commission [may, with the advice of the board of county
commissioners of Clark County,]shall undertake
such engineering , [and]
planning and developmental studies , and such other action as may be necessary for the
development of the Fort Mohave Valley . [, and shall sell and dispose of lands in the Fort
Mohave Valley in accordance with the plans and procedures of the commission.]

2. The commission
shall not solicit plans for development or dispose of lands described in NRS
321.500 and 321.534 unless it has first obtained the concurrence of the
governing body whose territory contains the land described for development or
disposal that the proposed development or disposal:

(a) Is consistent with a
master plan adopted by the governing body pursuant to chapter 278 of NRS; or

and is consistent with the plans and
projects of any special district whose territory contains the land described
for development or disposal.

3. Any such
proposal for the development or disposal of land must comply with applicable
local regulations and ordinances governing the development of land, the
location and construction of structures or the regulation of projects.

4. The commission
may adopt regulations governing procedures for the disposal of the lands
described in NRS 321.500 and 321.534 and may develop, dispose of and approve
requests for the development or disposal of those lands only if in accordance
with a master plan that has been adopted by the governing body whose territory
contains the land described for development or disposal.

5. The
commission, acting for and on behalf of the State of Nevada, may relinquish all
rights, powers and privileges the state [may have]has to purchase any portion, part or parcel of
the lands described in NRS 321.500. Any such relinquishment must be made by
written instrument, [be] approved
by the attorney general, and [be]
forwarded to the Secretary of the Interior.

Sec. 5. NRS 321.520 is
hereby amended to read as follows:

321.520 1. For the use of
the commission in carrying out the provisions of NRS 321.480 to 321.536,
inclusive, the Fort Mohave Valley development fund is hereby created in the
state treasury as a special revenue fund.

2. The interest and income earned on the
money in the Fort Mohave Valley development fund, after deducting any
applicable charges, must be credited to the fund.

3. Money in the Fort Mohave Valley
development fund must be paid out on claims against the fund as other claims
against the state are paid, after the claims have been approved by the
commission [.]pursuant to subsection 3 of NRS 321.536.

Sec. 6. NRS 321.530 is
hereby amended to read as follows:

321.530 1. Any money
received by the commission in connection with the development or disposition of
any [lands]land
described in NRS 321.500 must be deposited in the state treasury to the
credit of the Fort Mohave Valley development fund.

2. [Immediately
following such a deposit, the]The state
controller and the state treasurer shall calculate and retain an amount of
money from that deposit equal to the necessary
expenses incurred in the acquisition of any land described in NRS 321.500 and shall transfer the
remaining amount to the state general fund until the transfers have resulted in
complete reimbursement to the state general fund for all money appropriated
from the state general fund to the Fort Mohave Valley development fund.

Sec. 7. NRS 321.536 is
hereby amended to read as follows:

321.536 1. The commission
may [use so much of the money in the Fort Mohave
Valley development fund as may be necessary to:

(a) Purchase or otherwise
to acquire, develop and dispose of the lands described in NRS 321.534.

(b) Purchase or otherwise
to acquire, develop and dispose of any other lands which the commission is
authorized to purchase, acquire, develop or dispose of.

(c) Perform any other
acts or purposes which may be authorized by the legislative commission.

2. Any money
received from the development or disposition of the lands must be deposited in
the Fort Mohave Valley development fund.

3. The board of
county commissioners or the board of trustees of the general improvement
district in the Fort Mohave Valley may, with the consent of the commission and
the legislative commission, borrow such money in the Fort Mohave Valley
development fund as is not required in the administration of NRS 321.480 to NRS
321.536, inclusive, in order to develop public facilities which will serve the
land and its environs.]use money in the
Fort Mohave development fund to purchase or otherwise acquire lands described
in NRS 321.500 and 321.543 in an amount not to exceed $3,200,000.

2. After the
allocation of money pursuant to subsection 1, the commission may use money in
the Fort Mohave development fund to administer the provisions of NRS 321.480 to
321.536, inclusive, and any other expenditures authorized by law.

3. After the
allocation of money pursuant to subsections 1 and 2, the commission, with the
concurrence of the board of county commissioners of Clark County, shall,
pursuant to NRS 353.150 to 353.246, inclusive, prepare and submit a program for
the use of the remaining money available in the Fort Mohave Valley development
fund to develop state and local capital improvements. The program may include
the planning, design and construction of those improvements which develop the
land in the Fort Mohave Valley or in the service area of any general
improvement district, special district, town or city which contains all or a part
of the land in the Fort Mohave Valley, or both. If the program is approved, the
commission shall approve proper claims against the fund made in conformance
with the program in a manner which ensures that any claims concerning a
particular capital improvement are approved and paid before any claims
concerning another capital improvement are approved and paid.

4. After
disposition of the money in the Fort Mohave Valley development fund pursuant to
subsections 1, 2 and 3, the commission may use any remaining money to:

(a) Develop and dispose
of any land described in NRS 321.534 acquired by the commission;

(b) Purchase or otherwise
acquire, develop and dispose of any other land, including the land described in
NRS 321.410, which the commission is authorized to purchase, acquire, develop
or dispose of; and

(c) Perform any other
acts authorized by the legislative commission.

5. Any money:

(a) Received from the
development or disposition of the land described in NRS 321.534;

(b) Transferred from the
Eldorado Valley development fund pursuant to subsection 2 of NRS 321.470; or

(c) Received from the
development or disposition of any other land which the commission acquires
using money from the Fort Mohave Valley development fund pursuant to paragraph
(b) of subsection 4,

must be deposited in the Fort Mohave
Valley development fund.

Sec. 8. NRS 321.535 is
hereby repealed.

Sec. 9. 1. After
the disposition of money in the Fort Mohave Valley development fund pursuant to
subsection 1 of NRS 321.536 and before any disposition of money may be made
pursuant to subsection 2, 3 or 4 of NRS 321.536, as amended by this act, the
Colorado River commission shall make grants from the fund in the following
order of priority:

(a) In the amount of $200,000 to the state
department of conservation and natural resources to prepare a master plan that:

(1) Provides a plan for development for
the Fort Mohave Recreation Area which is identified as those portions of
sections 20, 29, 31 and 32 in T. 32 S., R. 66 E., M.D.B. & M., and those
portions of sections 5, 6 and 10 in T. 33 S., R. 66 E., M.D.B. & M., which
have been reserved by the Colorado River Commission for the development of a
state park.

(2) Provides a plan of development,
compatible with the Fort Mohave Recreation Area, accommodating both commercial
and recreational uses in conjunction with the protection of other important natural
resources of the Laughlin Bay, a backwater of the Colorado River adjacent to
the Fort Mohave Recreation Area.

(3) Provides a plan for the use of those
lands below Davis Dam and the California state border to which the State of
Nevada holds title pursuant to NRS 537.010.

(b) In the amount of $300,000 to the board of
directors of a district for the control of floods with jurisdiction over the
area to prepare a preliminary engineering plan for the Hiko Springs Wash to facilitate
the development of a channel for the control of flooding, and the management of
drainage, in order to control sedimentation in Laughlin Bay.

2. Except as otherwise provided in
subsection 3, after the disposition of money in the Fort Mohave Valley
development fund pursuant to subsection 1 of this section and subsections 1 and
2 of NRS 321.536, and before any disposition of money may be made pursuant to
subsection 3 or 4 of NRS 321.536, as amended by this act, the Colorado River
commission shall, pursuant to NRS 353.150 to 353.246, inclusive, prepare and
submit a program for the grants provided in paragraphs (a) and (b) of this
subsection and, if the program is approved, make grants upon application
therefor in the following order of priority:

(a) In the amount of $5,500,000 to the
governmental entity which is providing a system for the supply, storage and
distribution of water in the Fort Mohave Valley and its surrounding area, to
assist in the financing, refinancing and retirement of debt and other capital
financing for the system.

(b) In the amount of $2,000,000 to the
governmental entity which is providing a sanitary system for the treatment,
disposal or reuse of sewage for the land in the Fort
Mohave Valley and its surrounding area to pay for a portion of the cost of
acquiring the facilities and equipment necessary to facilitate:

for the land in the Fort Mohave Valley and its surrounding
area to pay for a portion of the cost of acquiring the facilities and equipment
necessary to facilitate:

(1) The return of treated effluent from
the sanitary system to the Colorado River in a manner that provides a credit
for nonconsumptive use against the states allocation of water from the
Colorado River.

(2) The development of a system for the
substitution of treated sewage effluent for existing and future potable water
as appropriate.

Any amounts authorized by this subsection must be increased
by such amounts as are necessary to cover any interest charged in connection
with any advance or work provided or authorized pursuant to subsection 4.

3. If the application for a grant
provided for in subsection 2 is not submitted to the Colorado River commission
before January 1, 1990, then the priority for payment of the grant pursuant to
subsection 2 does not apply for the fiscal year 1990-1991, but does apply for
the succeeding fiscal year. If an application is not submitted before January
1, 1991, the priority for payment of the grant does not apply until the fiscal
year which begins in the calendar year after the year in which application is
submitted.

4. Any entity authorized to receive money
pursuant to subsection 2 may accept an advance of money or work from any public
or private source to carry out the described activity. Such an advance does not
constitute a debt of the State of Nevada or any political subdivision thereof,
and the written agreement relating thereto must contain a provision which
states explicitly that repayment or compensation for the advanced money or work
is only guaranteed upon the entitys successful application for money pursuant
to subsection 2. The acceptance of such an advance must be in the form of a
written agreement to repay all or a portion of the money advanced or to
reimburse the source for the value or cost of the work, whichever is less, as
determined by the entity. The failure to complete an activity within the time
set forth in the agreement nullifies any agreement to repay or reimburse the
source.

5. Such an agreement may provide for the
payment of interest on the advance, not to exceed the annual rate provided by
the Index of Twenty Bonds which was in effect at the time the agreement was
made. If the activity is initiated by the entity before the money in the fund
is available, the date from which interest is charged must be the date the
Colorado River Commission receives notification of the activity pursuant to
subsection 7. In no case may interest be charged for more than 3 years
following the notification of the commission.

6. Any advance of work accepted pursuant
to this section must be performed in the manner required of the entity. The
initiation of any activity before the money in the fund is available does not
preclude the entity from applying for and obtaining the grant authorized
pursuant to subsection 2.

7. Any entity undertaking or entering
into an agreement for the performance of any such activity before the money in
the fund is available, or before the approval of the program pursuant to
subsection 2, shall notify the Colorado River Commission. The notice must
contain a statement of the amount of the money or work
advanced and the rate of interest, if any, agreed upon.

amount of the money or work advanced and the rate of
interest, if any, agreed upon. The commission shall consider such a
notification as an expression of an intention to apply for the money provided
for in subsection 2 for that activity.

AN ACT relating to public assistance;
requiring the establishment of a plan for the education and training of
recipients of aid to dependent children; providing coverage under industrial
insurance for certain recipients who participate in programs of education and
training; and providing other matters properly relating thereto.

[Approved June 22, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 422 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 5,
inclusive, of this act.

Sec. 2. As
used in sections 2 to 5, inclusive, of this act, unless the context otherwise
requires, plan means the plan to provide for the education and training of
recipients of aid to dependent children.

Sec. 3. The
administrator shall, pursuant to the appropriate provisions of 42 U.S.C. §§ 601 to 645, inclusive, establish by regulation a plan to
provide for the education and training of recipients of aid to dependent
children as a condition of being eligible for that aid. The plan must be
approved by the board.

Sec. 4. The
plan must include provisions for:

1. Assisting the
recipient to plan for a career, including:

(a) Testing of the
recipients skills;

(b) Evaluation of the
recipients abilities and goals;

(c) Guidance for the
recipient in establishing a specific plan for training; and

(d) A contract between
the welfare division and the recipient which specifies the responsibilities of
each party, including the:

(1) Recipients
commitment to specific actions to prepare for and seek employment that will
make the recipient self-sufficient.

(2) Welfare
divisions commitment to provide assistance and services to the recipient while
he is seeking employment.

(a) Subsidization of the
employers costs incurred in training the recipient; and

(b) An emphasis on
training the recipient in increasingly difficult duties under close supervision
until the recipient is capable of performing the work on his own.

3. Operation of a
program to assist recipients who have limited or no skills to obtain the
necessary training and experience for unsubsidized employment.

4. Education and
training of a recipient, including:

(a) Courses of training
in skills desirable for employment in Nevada;

(b) Payment, for
qualified recipients, of the costs of tuition, books and fees for college
courses which are directly applicable to the recipients goals for his career;
and

(c) Basic education in
reading, writing, mathematics, the sciences and English as a second language,
and education leading to the equivalent of a high school diploma.

5. Direct
placement in a job, including assisting the recipient to search for a job.

6. Supportive
services, including:

(a) If the recipient is
employed by an employer who does not provide health insurance, providing health
insurance for a limited time after the recipient is employed;

(b) Subsidizing the costs
of child care while the recipient is participating in the plan and for a
limited time after he is employed; and

(c) Reimbursement of the
costs of transportation, up to a limit determined by the administrator, while
the recipient is participating in the plan.

Sec. 5. The
administrator, with the approval of the board:

1. Shall adopt
regulations for:

(a) The administration of
the plan; and

(b) The determination of
eligibility of a recipient to participate in any part of the plan;

2. May contract
with any state or private agency to provide any of the services of the plan;
and

3. May receive a
grant of money from the Federal Government or any other source to defray the
costs of the plan.

Sec. 6. Chapter 616 of NRS is
hereby amended by adding thereto the provisions set forth as sections 7 and 8
of this act.

Sec. 7. Any
person who participates in a program to obtain education and experience for
employment administered by the welfare division of the department of human
resources pursuant to subsection 3 of section 4 of this act shall be deemed for
the purposes of this chapter to be an employee of the welfare division at the
wage of $150 per month and is entitled to the benefits of this chapter.

Sec. 8. Any
person who participates in a program to obtain training for employment
administered by the welfare division of the department of human resources, if
he receives training on the job and a wage directly from an employer, shall be deemed for the purposes of this chapter to
be an employee of that employer and is entitled to the benefits of this
chapter.

employer, shall be deemed for the
purposes of this chapter to be an employee of that employer and is entitled to
the benefits of this chapter.

Sec. 9. NRS 616.015 is
hereby amended to read as follows:

616.015 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 616.020 to
616.120, inclusive, and sections 7 and 8 of this act, have
the meanings ascribed to them in those sections.

Sec. 10. The plan for the
education and training of recipients of aid to dependent children must be
completed and put into effect on or before July 1, 1988.

________

CHAPTER 824, AB 617

Assembly Bill No. 617Committee
on Government Affairs

CHAPTER 824

AN ACT relating to projects for public
works; requiring advertising for bids for contracts on certain projects;
permitting an agency or political subdivision of the state to reject the bids
under certain circumstances; and providing other matters properly relating
thereto.

[Approved June 30, 1987]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 338 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. Except as
otherwise provided in subsection 5, an agency or political subdivision of the
state, or a public officer, public employee or other person responsible for
awarding a contract for the construction, alteration or repair of a public
work, shall not:

(a) Commence such a
project, for which the estimated cost exceeds $100,000, unless it advertises in
a newspaper of general circulation in the state for bids for the project; or

(b) Divide such a project
into separate portions to avoid the requirements of paragraph (a).

2. Approved plans
and specifications for the bids must be on file at a place and time stated in
the advertisement for the inspection of all persons desiring to bid thereon and
for other interested persons. Contracts for the project must be awarded on the
basis of bids received.

3. Any or all bids
received in response to an advertisement for bids may be rejected if the person
responsible for awarding the contract determines that:

(a) The bidder is not
responsive or responsible;

(b) The quality of the
services, materials, equipment or labor offered does not conform to the
approved plan or specifications; or

4. Before an
agency or political subdivision of the state may commence a project subject to
the provisions of this section, based upon a determination that the public
interest would be served by rejecting any bids received in response to an
advertisement for bids, it shall prepare and make available for public inspection
a written statement containing:

(a) A list of all
persons, including supervisors, who the agency or political subdivision intends
to assign to the project, together with their classifications and an estimate
of the direct and indirect costs of their labor;

(b) A list of all
equipment that the agency or political subdivision intends to use on the
project, together with an estimate of the number of hours each item of
equipment will be used and the hourly cost to use each item of equipment;

(c) An estimate of the
cost of administrative support for the persons assigned to the project;

(d) An estimate of the
total cost of the project; and

(e) An estimate of the
amount of money the agency or political subdivision expects to save by
rejecting the bids and performing the project itself.

5. This section
does not apply to:

(a) Any utility subject
to the provisions of chapter 318 or 710 of NRS;

(b) Any work of
construction, reconstruction, improvement and maintenance of highways subject
to NRS 408.323 or 408.327;

(c) Normal maintenance of
the property of a school district; or

(d) The Las Vegas Valley
water district created pursuant to chapter 167, Statutes of Nevada 1947.